Opinion
NO. 14-20-00437-CR NO. 14-20-00438-CR NO. 14-20-00439-CR NO. 14-20-00440-CR
06-23-2020
IN RE THE STATE OF TEXAS EX REL. KIM OGG, HARRIS COUNTY DISTRICT ATTORNEY, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS WRIT OF PROHIBITION
County Criminal Court at Law No. 16 Harris County, Texas
Trial Court Cause Nos. 2288950 & 2288951
MEMORANDUM OPINION
On June 17, 2020, relator the State of Texas ex rel. Kim Ogg, Harris County District Attorney, filed a petition for writ of mandamus and a petition for writ of prohibition in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition for writ of mandamus, the State asks this court to compel the Honorable Darrell Jordan, presiding judge of Country Criminal Court at Law No. 16 in Harris County, to set aside his June 11, 2020 ruling granting Jacob Straughan's motion to conduct a bench trial without the State's consent to waiver of a jury trial. In the petition for writ of prohibition, the State seeks to prevent Judge Jordan from proceeding to trial with Judge Jordan acting as fact finder. The State also filed a motion for temporary relief, asking this court to stay the bench trial.
The State's petitions are deficient because they do not comply with Texas Rules of Appellate Procedure 52.3(j) and (k) in that the petitions do not include a certification that the person filing the petitions has reviewed them and concluded that every factual statement in the petition is supported by competent evidence include in the appendix or record and not all documents, including the docket sheet and the reporter's record, are not sworn or certified. See Tex. R. App. P. 52.3(j), (k).
Relator has not established that is it entitled to the issuance of a writ of mandamus or a writ of prohibition. Accordingly, we deny relator's petition for writ of mandamus and petition for writ of prohibition. We also deny relator's motion for temporary relief.
PER CURIAM Panel consists of Justices Wise, Bourliot, and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b).