Opinion
12-23-00295-CR
12-14-2023
IN RE: BILLY RAY PEGUES, RELATOR v. HON. JUDGE ROBERT K. INSELMANN JR., Respondent BILLY RAY PEGUES, Relator
DO NOT PUBLISH
ORIGINAL PROCEEDING
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
Billy Ray Pegues, acting pro se, filed this original proceeding to complain of his bond amount.
Respondent is the Honorable Robert K. Inselmann, Jr., Judge of the 217th District Court in Angelina County, Texas. The State of Texas is the Real Party in Interest.
On November 20, 2023, the Clerk of this Court informed Relator that his petition fails to comply with appellate Rules 52.3(a)-(c), (e)-(k)(1)(C), and 52.7. See Tex.R.App.P. 52.3 (contents of petition); Tex.R.App.P. 52.7 (record). The notice warned that the petition would be referred to this Court for dismissal unless Relator provided an amended petition and the record on or before December 1. Relator did not file an amended petition and the record, nor did he otherwise respond to this Court's notice.
Generally, a party seeking mandamus relief must bring forward all that is necessary to establish his claim for mandamus relief. See Tex.R.App.P. 52. Texas Rule of Appellate Procedure 52.7 requires the relator to file a record as part of his petition in an original proceeding. Tex.R.App.P. 52.7. Specifically, a relator must file (1) a certified or sworn copy of every document that is material to his claim for relief and that was filed in any underlying proceeding; and (2) "a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained." Tex.R.App.P. 52.7(a). It is a relator's burden to provide this court with a record sufficient to establish the right to extraordinary relief. See In re Daisy, No. 12-13-00266-CR, 2014 WL 5577068, at *2 (Tex. App.-Tyler Aug. 29, 2014, orig. proceeding) (mem. op., not designated for publication).
In this case, Relator did not provide a record in accordance with Rule 52.7. Absent a record, we cannot determine whether Relator is entitled to mandamus relief. See In re McCreary, No. 12-15-00067-CR, 2015 WL 1395783 (Tex. App.-Tyler Mar. 25, 2015, orig. proceeding) (per curiam) (mem. op., not designated for publication). Accordingly, we deny Relator's petition for writ of mandamus.
JUDGMENT
ON THIS DAY came to be heard the petition for writ of mandamus filed by Billy Ray Pegues; who is the relator in appellate cause number 12-23-00295-CR and the defendant in trial court cause number 2019-0706, pending on the docket of the 217th Judicial District Court of Angelina County, Texas. Said petition for writ of mandamus having been filed herein on November 20, 2023, and the same having been duly considered, because it is the opinion of this Court that the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied.