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In re Villnave

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Aug 31, 2017
NO. 03-17-00569-CV (Tex. App. Aug. 31, 2017)

Opinion

NO. 03-17-00569-CV

08-31-2017

In re Steven Edward Villnave


ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator Steven Edward Villnave has filed a pro se petition for writ of mandamus asking this Court to compel the trial court to grant a motion for new trial and sentencing. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52.1. Villnave asserts that he filed a motion for new trial and sentencing on July 14, 2017, challenging his conviction of February 18, 1994. Based on this record, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8; see also Tex. R. App. P. 52.7(a)(1) (relator must file with petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (relator bears burden of providing court with sufficient record to establish right to mandamus relief); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) ("The trial court's judicial discretion extends . . . to its decision how to rule after it considers a motion properly before it, and an appeals court may not issue a writ of mandamus to compel a trial court to rule a certain way on that motion." (citing Womack v. Berry, 291 S.W.2d 677, 682 (1956))).

/s/_________

Cindy Olson Bourland, Justice Before Justices Puryear, Field, and Bourland Filed: August 31, 2017


Summaries of

In re Villnave

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Aug 31, 2017
NO. 03-17-00569-CV (Tex. App. Aug. 31, 2017)
Case details for

In re Villnave

Case Details

Full title:In re Steven Edward Villnave

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Aug 31, 2017

Citations

NO. 03-17-00569-CV (Tex. App. Aug. 31, 2017)