in Re: Dan Thomas

• Court: Court of Appeals of Texas
• Decided: September 7, 2005
• Docket: 12-05-00261-CV
• Status: Published

Opinion

                     NO. 12-05-00261-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: DAN THOMAS                                     §     ORIGINAL PROCEEDING

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MEMORANDUM OPINION

            Relator Dan Thomas seeks an order requiring the Honorable Deborah O. Evans, Judge of the Third Judicial Court, Anderson County, Texas, to rule on Thomas’s motion for nunc pro tunc detainer/jail time credit.

            To obtain mandamus relief in a criminal matter, the relator must establish that (1) the act sought to be compelled is ministerial and (2) there is no adequate remedy at law. Dickens v. Second Court of Appeals, 727 S.W.2d 542, 548 (Tex. Crim. App. 1987) (orig. proceeding). A trial court has a ministerial duty to consider and rule on a motion within a reasonable time. In re Bonds, 57 S.W.3d 456, 457 (Tex. App.–San Antonio 2001, orig. proceeding).

            A relator seeking mandamus relief must comply with Texas Rule of Appellate Procedure 52. Here, Relator’s petition does not include a certified or sworn copy of the motion that is the subject of this proceeding, see Tex. R. App. P. 52.3(j)(1)(A), nor has he made any showing that a “reasonable time” has passed without a ruling from the trial court. Consequently, Relator has not shown himself entitled to the relief he seeks. Accordingly, the petition for writ of mandamus is denied.

                                                                                                     SAM GRIFFITH

                                                                                                              Justice

Opinion delivered September 7, 2005.

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

(PUBLISH)