Summary
denying mandamus because record did not establish that reasonable time had passed for trial court to comply with mandate
Summary of this case from In re KennedyOpinion
No. 04-05-00581-CV
Delivered and Filed: August 31, 2005.
This proceeding arises out of Cause No. 2001-CR-1938, styled The State of Texas v. Paul Wright, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Teresa Herr presiding.
Petition for Writ of Mandamus Denied.
Sitting: Alma L. LÓPEZ, Chief Justice, Karen ANGELINI, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Paul M. Wright seeks mandamus relief from the trial court's alleged delay in acting on the remand of Wright's cause after this court reversed the trial court's judgment in appeal number 04-03-00395-CR. This court's mandate in appeal number 04-03-00395-CR was issued on July 26, 2005, and was executed on August 1, 2005. A mandate is the appellate court's official notice advising the trial court of the appellate court's action. Universe Life Ins. Co. v. Giles, 982 S.W.2d 488, 491 (Tex.App.-Texarkana 1998, pet. denied). Prior to its receipt of this court's mandate, the trial court had no official notice of any need to act on the remand of Wright's cause. See Tex.R.App.P. 51.2 (requiring appellate court's judgment to be enforced when trial court receives the mandate). Accordingly, Wright has failed to present a sufficient record to establish that the trial court failed to consider and rule upon a pending motion or matter within a reasonable time. See In re Mendoza, 131 S.W.3d 167, 167-68 (Tex.App.-San Antonio 2004, orig. proceeding). Wright's petition for writ of mandamus is denied.