in Re DeAndre DeBoest

• Court: Court of Appeals of Texas
• Decided: May 16, 2019
• Docket: 14-19-00366-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 16, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00366-CR

IN RE DEANDRE DEBOEST, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 232nd District Court Harris County, Texas Trial Court Cause No. 1604855

MEMORANDUM OPINION

On May 2, 2019, relator DeAndre DeBoest filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Josh Hill, presiding judge of the 232nd District Court of Harris County, to permit relator to proceed pro se in the underlying case.

Relator asserts that he has filed at least nine motions to proceed pro se, has demanded in open court that he be allowed to proceed pro se, and has refused to accept a court-appointed attorney. To be entitled to mandamus relief, a relator must show that (1) the relator has no adequate remedy at law for obtaining the relief the relator seeks; and (2) what the relator seeks to compel involves a ministerial act rather than a discretionary act. In re Powell, 516 S.W.3d 488, 494–95 (Tex. Crim. App. 2017). It is relator’s burden to provide a sufficient record to establish that relator is entitled to relief. See In re Henry, 525 S.W.3d 381, 382 (Tex. App.—Houston [14th Dist.] 2017, orig. proceeding); Ex parte Bates, 65 S.W.3d 133, 135 (Tex. App.— Amarillo 2001, orig. proceeding). Relator has failed to do so. Relator did not file a record with his petition containing the motions he purportedly filed, any rulings on his motions, any other relevant documents filed in the trial court, or any record of the proceeding in which relator claims that he demanded in open court that the trial court allow him to proceed pro se. See Tex. R. App. P. 52.7. Relator has not shown that he is entitled to mandamus relief. Accordingly, we deny his petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Wise and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).