in Re Leon Harrison

• Court: Court of Appeals of Texas
• Decided: July 23, 2009
• Docket: 14-09-00611-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 23, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 23, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00611-CR

IN RE LEON HARRISON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On July 9, 2009, relator, Leon Harrison, filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asserts he requested that the respondent, Loren Jackson, Harris County District Clerk, transmit the notice of appeal from the trial court=s denial of relator=s motion for DNA testing and all related documents as requested in his notice of appeal.  Relator complains that, although he wrote Jackson regarding the transmittal of his notice of appeal and all related documents, Jackson has not transmitted the notice of appeal or the documents to the court of appeals, and requests that we compel Jackson to do so. 

Relator=s petition does not comply with the Texas Rules of Appellate Procedure.  Relator has not shown that he filed his notice of appeal with the district clerk by including with his petition a certified or sworn copy of the notice of appeal or the letters he states that he wrote Jackson regarding the transmittal of his notice of appeal.  See Tex. R. App. P. 52.7(a)(1) (requiring relator to file certified or sworn copy of every document that is material to his claim for relief).  Relator also has not filed an affidavit of indigence with his petition as required by Rule 20.1 of the Texas Rules of Appellate Procedure.  Tex. R. App. P. 20.1; see also In re Chavez, 62 S.W.3d 225, 228 (Tex. App.CEl Paso 2001, orig. proceeding) (stating that appellate court will not consider petition without affidavit of indigence). 

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Sullivan. 

Do Not PublishCTex. R. App. P. 47.2(b).