in Re: David Bailey

• Court: Court of Appeals of Texas
• Decided: July 31, 2006
• Docket: 13-06-00423-CR
• Status: Published

Opinion

NUMBERS 13-06-421-CR

13-06-422-CR

13-06-423-CR

13-06-424-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: DAVID BAILEY

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Castillo

Memorandum Opinion Per Curiam

Relator David Bailey, an inmate appearing pro se, seeks a writ of mandamus compelling the trial court to correct the judgment in the underlying criminal matters to reflect that the sentences imposed are to run concurrently rather than consecutively and that the accumulation order be removed from the judgment.

As is the case with any mandamus proceeding, the relator has the burden to provide a record sufficient to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); Tex. R. App. P. 52.7(a)(1) (relator must file with his petition a copy of every document that is material to his claim for relief and that was filed in any underlying proceeding). In this case, Bailey has not provided a mandamus record sufficient to establish his right to the relief requested. Accordingly, the petition for writ of mandamus is DENIED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 31st day of July, 2006.