In Re Joseph Thomas Roberts v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 25, 2024
• Docket: 01-23-00970-CR
• Status: Published

Opinion

Opinion issued January 25, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00970-CR ——————————— IN RE JOSEPH THOMAS ROBERTS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Joseph Thomas Roberts, incarcerated and acting pro se, has filed a

petition for a writ of mandamus, asserting that he “has been detained beyond the

statutory minimum sentencing guidelines” in violation of the “fast and speedy trial” rules. Relator further requests that we instruct the trial court to “appoint an

attorney . . . to defend [relator].”1

Relator’s petition for writ of mandamus fails to comply with the Texas Rules

of Appellate Procedure. See TEX. R. APP. P. 52.3(a)–(h), (j)–(k), 52.7(a)(1)

(inclusion of sworn record); see also TEX. R. APP. P. 9.5 (service on all parties); In

re Harrison, No. 01-21-00531-CV, 2021 WL 4898073, *1 (Tex. App.—Houston

[1st Dist.] Oct. 21, 2021, orig. proceeding) (mem. op., not designated for

publication) (denying petition for writ of mandamus for failure to comply with Texas

Rules of Appellate Procedure).

We deny the petition. See TEX. R. APP. P. 52.8(a). All pending motions are

dismissed as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.

Do not publish. TEX. R. APP. P. 47.2(b).

1 The underlying case is The State of Texas v. Joseph Thomas Roberts, Cause No. 23-CR-3584, in the 405th District Court of Galveston County, Texas, the Honorable Jared S. Robinson presiding.