in Re: Kenneth Ray Spencer, Jr.

• Court: Court of Appeals of Texas
• Decided: January 22, 2004
• Docket: 14-04-00033-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 22, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 22, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00033-CV

IN RE KENNETH RAY SPENCER, JR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 13, 2003, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52.  Relator asserts that he filed a writ of habeas corpus in the trial court and, to his knowledge, the trial court has not ruled.  Relator asks that we issue a writ of mandamus to compel the trial court to rule.

As the party seeking relief, relator had the burden of providing this Court with a sufficient record to establish his right to mandamus relief.  Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).  Because relator has provided no record to establish his right to mandamus relief, we deny the petition.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 22, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.