in Re John Allen Queen

• Court: Court of Appeals of Texas
• Decided: July 1, 2015
• Docket: 09-15-00241-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00241-CR ____________________

IN RE JOHN ALLEN QUEEN

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

In a petition for writ of mandamus, John Allen Queen asks that we compel

the judge of the 411th District Court of Polk County to consider and rule on what

Queen describes as his “Motion for Police Reports and Pre-Sentence Investigation

Report.” To be entitled to mandamus relief, the relator must show that the motion

was properly filed and is before the court. State ex rel. Curry v. Gray, 726 S.W.2d

125, 128 (Tex. Crim. App. 1987). Queen provides this Court with no information

about the present status of the case and he fails to explain how the trial court has

jurisdiction to rule on a motion at this time. Therefore, he has failed to establish

1 that a motion has been properly filed. See In re Smith, 366 S.W.3d 268, 270-71

(Tex. App.—Tyler 2012, orig. proceeding). We deny the petition for writ of

mandamus.

PETITION DENIED.

PER CURIAM

Submitted on June 30, 2015 Opinion Delivered July 1, 2015 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.