in Re: Antione Byrd

• Court: Court of Appeals of Texas
• Decided: February 10, 2005
• Docket: 12-05-00042-CV
• Status: Published

Opinion

                     NO. 12-05-00042-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: ANTIONE BYRD                                  §     ORIGINAL PROCEEDING

RELATOR

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MEMORANDUM OPINION

            Relator Antione Byrd seeks a writ of mandamus requiring the trial court to “compel the State to answer to Petitioners attempts to have his detainer either dropped or prosecuted.” We deny the writ.

            A party seeking mandamus relief must generally bring forward all that is necessary to establish the claim for relief. See Tex. R. App. P. 52. This includes providing an adequate record to substantiate the allegations contained in the petition for mandamus. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Without a sufficient record, a party seeking mandamus relief has not proved any entitlement to the writ. Id. Relator’s motion does not comply with rules 52.3 and 52.7 of the Texas Rules of Appellate Procedure. Therefore, we are unable to determine that he is entitled to relief. Accordingly, the petition for writ of mandamus is denied.

                                                                                                     JAMES T. WORTHEN

                                                                                                                 Chief Justice

Opinion delivered February 10, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)