Banks, Anthony Ray

• Court: Court of Criminal Appeals of Texas
• Decided: September 30, 2020
• Docket: WR-80,275-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-80,275-04

IN RE ANTHONY RAY BANKS, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS TRIAL CAUSE NOS. 67286, 67288 & 64255 IN THE CRIMINAL DISTRICT COURT FROM JEFFERSON COUNTY

Per curiam.

ORDER

Relator has filed a motion for leave to file an application for a writ of mandamus under this

Court’s original jurisdiction. He contends that he filed, in the trial court on or about August 8, 2019,

one or more motions for nunc pro tunc judgments concerning his convictions but that the trial court

has not made any ruling. See Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004); Ex

parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010). Consideration of a motion properly

filed and before a trial court is ministerial, and mandamus may be pursued to compel a ruling. Id.;

White v. Reiter, 640 S.W.2d 586, 594 (Tex. Crim. App. 1982); Braxton v. Dunn, 803 S.W.2d 318,

320 (Tex. Crim. App. 1991). The mandamus issue is properly before this Court. Id.; In Re Anthony

Ray Banks, No. 09-20-00157-CR (Tex. App.—Beaumont Jul. 15, 2020). 2

Respondent, the Judge of the Criminal District Court of Jefferson County in which the

judgments for Relator’s convictions were entered, shall provide this Court with a response indicating

whether Relator has filed a motion(s) for nunc pro tunc judgment(s) and whether the trial court has

ruled on the motion(s). Respondent shall provide the response to this Court within thirty days of the

date of this order. This motion for leave to file will be held until Respondent has complied with this

order.

Filed: September 30, 2020 Do not publish