in Re: Josiah Andrew Salinas

• Court: Court of Appeals of Texas
• Decided: August 2, 2022
• Docket: 05-22-00739-CV
• Status: Published

Opinion

Denied and Opinion filed August 2, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00738-CV No. 05-22-00739-CV

IN RE JOSIAH ANDREW SALINAS, Relator

Original Proceeding from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F-2071443-R, M-2075253-R

MEMORANDUM OPINION Before Justices Osborne, Partida-Kipness, Smith Opinion by Justice Partida-Kipness

Josiah Andrew Salinas petitions for a writ of mandamus to compel the trial

court to rule on his motion for DNA testing of forensic evidence. We deny relief.

Relator’s petition does not comply with the rules of appellate procedure in

that it is not properly certified and is not supported by a record of certified or

sworn documents. See TEX. R. APP. P. 52.3(j), 52.3(k)(1)(A), 52.7(a)(1); In re

Butler, 270 S.W.3d 757, 758–59 (Tex. App.—Dallas 2008, orig. proceeding); see

also TEX. CIV. PRAC. & REM. CODE § 132.001 (describing process to authenticate

documents as sworn copies). Thus, relator has not carried his burden to show he is 1 entitled to mandamus relief. See Butler, 270 S.W.3d at 759. Accordingly, we deny

relator’s petition. See TEX. R. APP. P. 52.8(a).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

220738F.P05