in Re: Lamarvin Gross

• Court: Court of Appeals of Texas
• Decided: February 9, 2007
• Docket: 12-06-00432-CR
• Status: Published

Opinion

                NO. 12-06-00432-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: LAMARVIN GROSS,          §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

PER CURIAM

            Lamarvin Gross seeks a writ of mandamus compelling the trial court to rule on his motion to represent himself in the underlying proceeding and his motion for a free “transcript and records.”

            The party seeking mandamus relief has the burden to provide a record sufficient to establish his entitlement to such relief.  Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).  To that end, the relator in a mandamus proceeding must file along with his petition a certified or sworn copy of every document that is material to his claim for relief and that was filed in any underlying proceeding.  Tex. R. App. P. 52.3(j)(1)(A), 52.7(a)(1).  Here, Gross did not provide copies of any documents that are material to his claim for relief.  Consequently, he has failed to meet his burden to provide a record sufficient to establish his entitlement to relief.  Accordingly, the petition for writ of mandamus is denied. 

Opinion delivered February 9, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)