In Re: Lavace Durell Morgan v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 14, 2023
• Docket: 05-23-00672-CV
• Status: Published

Opinion

DENIED and Opinion Filed July 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00672-CV

IN RE LAVACE DURELL MORGAN, Relator

Original Proceeding from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 21838

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Goldstein Before the Court is relator’s July 10, 2023 petition for writ of mandamus

wherein relator asks this Court to compel the trial court to rule on a nunc pro tunc

motion.

Relator’s petition does not comply with the Texas Rules of Appellate

Procedure in numerous respects. See TEX. R. APP. P. 52.1, 52.3(a)–(c), (f)–(h), (j),

(k)(1)(A), 52.7(a)(1). Among other defects, the petition is not certified, see TEX. R.

APP. P. 52.3(j), and the petition is not supported by a sufficient record or appendix,

see TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Thus, relator’s petition does not meet

the requirements of the Texas Rules of Appellate Procedure for consideration of

mandamus relief. See In re Jones, No. 05-23-00492-CV, No. 05-23-00493-CV, 2023 WL 4101440, at *1 (Tex. App.—Dallas June 21, 2023, orig. proceeding) (mem. op.);

see also In re Salinas, No. 05-23-00544-CV, No. 05-23-00545-CV, 2023 WL

4101439, at *1 (Tex. App.—Dallas June 21, 2023, orig. proceeding) (mem. op.).

Accordingly, we deny relator’s petition for writ of mandamus.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE

230672F.P05

–2–