Opinion
No. 05-20-00403-CV
05-15-2020
IN RE CALVIN D. WILLIAMS SR, Relator
Original Proceeding from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F08-50679-H
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Evans
Opinion by Justice Molberg
In this original proceeding, Calvin D. Williams Sr. has filed a petition for writ of mandamus requesting the Court to compel the trial court to appoint counsel to represent him on his motion seeking post-conviction DNA testing. We deny relief.
A petition seeking mandamus relief must include a certification stating that the relator "has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record." TEX. R. APP. P. 52.3(j). The certification must state substantially what is written in rule 52.3(j). See In re Butler, 270 S.W.3d 757, 758 (Tex. App.—Dallas 2008, orig. proceeding). In this case, relator has filed an affidavit averring his allegations are "true and correct," but no certification meeting the requirement of rule 52.3(j). See id.
In addition to not certifying his petition, relator has failed to file any record to support his claims. Relator bears the burden to provide the Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Rule 52.3(k)(1)(A) requires the relator to file an appendix with his petition that contains "a certified or sworn copy of any order complained of, or any other document showing the matter complained of." TEX. R. APP. P. 52.3(k)(1)(A). Rule 52.7(a)(1) requires the relator to file with the petition "a certified or sworn copy of every document that is material to the relator's claim for relief that was filed in any underlying proceeding." TEX. R. APP. P. 52.7(a)(1). Relator has not supported his allegations with any documents that support his claims. Without a record, relator cannot show he is entitled to mandamus relief. See Butler, 270 S.W.3d at 759.
Because relator has failed to certify his petition and provide documents to support his claims, we deny relief. See id. at 758-59.
/Ken Molberg//
KEN MOLBERG
JUSTICE 200403f.p05