in Re: John Albert Estrada, Sr.

Opinion

DENY; and Opinion Filed April 3, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00383-CV

IN RE JOHN ALBERT ESTRADA, SR., Relator

On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F93-26577-PJ

MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Lang-Miers Relator contends the trial court violated a ministerial duty by not ruling on a motion that

he filed. The facts and issues are well known to the parties, so we need not recount them herein.

Based on the record before us, we conclude relator has not shown he is entitled to the relief

requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim.

App. 2009) (orig. proceeding); In re Coston, 07-03-0366-CV, 2003 WL 21939465 at *1 (Tex.

App.–Amarillo Aug. 13, 2003, orig. proceeding). Accordingly, we DENY relator’s petition for

writ of mandamus.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

130383F.P05