Opinion
No. 13-04-000343-CR
Opinion delivered and Filed July 9, 2004. DO NOT PUBLISH
On Petition for Writ of Mandamus.
Before Justices RODRIGUEZ, GARZA, and WITTIG.
Retired Justice Don Wittig assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to the government code. See Tex. Gov't Code Ann. § 74.003 (Vernon Supp. 2004).
MEMORANDUM OPINION
Relator Armando Rodriguez filed a "motion to compel trial court to produce trial records to pro-se petitioner" on July 6, 2004. This motion was not filed in accordance with any pending appeal and, accordingly, the Court will construe the same as an original proceeding. The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. See generally Tex.R.App.P. 52. The petition fails to attach any of the referenced underlying documentation and fails to establish that the district court: (1) had a legal duty to perform a nondiscretionary act, (2) was asked to perform the act, and (3) failed or refused to do so. See In re Chavez, 62 S.W.3d 225, 228 (Tex.App.-Amarillo 2001, orig. proceeding). Accordingly, the petition for writ of mandamus is hereby DENIED.