Opinion
NO. 09-13-00336-CR
08-28-2013
IN RE CHARLES PETERSON
Original Proceeding
MEMORANDUM OPINION
Charles Peterson seeks mandamus relief from a cost assessment contained in a judgment signed in 2010. See generally Tex. Code Crim. Proc. Ann. art. 26.05(g) (West Supp. 2012). To demonstrate his entitlement to mandamus relief compelling the performance of an allegedly ministerial act, a relator must present his request to the judge presiding in the court at the time of the request and prove that the trial judge received notice of the pleading. See In re Morgan, No. 07-10-00517-CV, 2011 WL 117300, at *1 (Tex. App.—Amarillo Jan. 13, 2011, orig. proceeding). The judge who signed the 2010 judgment is deceased, and Peterson has not shown that he presented a request to correct the judgment when that judge presided over the trial court. See id. at *1. Furthermore, Peterson has not shown that he presented a request to correct the judgment to the judge who now holds office. Id. at *1, n.2. We also note Peterson failed to submit a record to support his mandamus petition and failed to serve the real party in interest with a copy of his petition and record. See Tex. R. App. P. 9.5, 52.3(k), 52.7(a), (c). We deny mandamus relief without prejudice.
PETITION DENIED.
PER CURIAM Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.