Opinion
13-24-00055-CR
01-26-2024
IN RE JOSHUA RAY YEOMANS
Do not publish. TEX. R. APP. P. 47.2 (B)..
On Petition for Writ of Mandamus.
Before Justices Longoria, Silva, and Pena, J.
MEMORANDUM OPINION
See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.1 ("The court of appeals must hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition of the appeal."); id. R. 47.4 (explaining the differences between opinions and memorandum opinions).
Relator Joshua Ray Yeomans filed a pro se petition for writ of mandamus seeking to compel the trial court to issue a ruling and grant relator's motion for nunc pro tunc judgment concerning jail time credit.
In a criminal case, to be entitled to mandamus relief, the relator must establish both that the act sought to be compelled is a ministerial act not involving a discretionary or judicial decision and that there is no adequate remedy at law to redress the alleged harm. See In re Meza, 611 S.W.3d 383, 388 (Tex. Crim. App. 2020) (orig. proceeding); In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam); In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). If the relator fails to meet both requirements, then the petition for writ of mandamus should be denied. State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). It is the relator's burden to properly request and show entitlement to mandamus relief. See id.; In re Pena, 619 S.W.3d 837, 839 (Tex. App.-Houston [14th Dist.] 2021, orig. proceeding); see also Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding) (per curiam) ("Even a pro se applicant for a writ of mandamus must show himself entitled to the extraordinary relief he seeks."). In addition to other requirements, the relator must include a statement of facts and a clear and concise argument for the contentions made, with appropriate citations to authorities and to the appendix or record. See generally TEX. R. APP. P. 52.3 (GOVERNING THE FORM AND CONTENTS FOR A PETITION), 52.3(K) (SPECIFYING THE REQUIRED CONTENTS FOR THE APPENDIX), 52.7(A) (STATING THE REQUIRED CONTENTS FOR THE RECORD).
The Court, having examined and fully considered the petition for writ of mandamus and the applicable law, is of the opinion that relator has not met his burden to obtain relief. Relator's petition for writ of mandamus fails generally to comply with the foregoing requirements. See id. R. 52.3, 52.7. And although a judge has a ministerial duty to rule on a motion, the decision regarding how to rule is discretionary in nature, and accordingly, we may not issue a writ of mandamus to compel a judge to rule a certain way on that motion. See Barnes, 832 S.W.2d at 426. We deny the petition for writ of mandamus.