in Re: Malone, Andrew David

Court of Appeals of Texas·Decided September 12, 2012·No. 05-12-01214-CV·Published

Opinion

\Vrit of Mandamus Denied, Opinion issued September 12, 2012

In The

IN RE ANDREW DAVID MALONE, JR., Relator

Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F86-95910-QN

MEMORANDUM OPINION Before Justice Morris, Richter, and Lang-Miers Opinion by Justice Morris

In this original mandamus proceeding, relator contends the trial court has violated a

ministerial duty by failing to rule on relator's motion for judgment nunc pro tunc seeking credit for

time relator spent in jail before he was sentenced. Based on the record before the. Court, we conclude

relator has not shown he is entitled to the relief requested. See Simon v. Levario, 306 S. W.3d 318,

320-21 (Tex. Crim. App. 2009) (orig. proceeding); State ofTex. ex rei. Hill v. Court ofAppeals for

the Fifth Dist., 34 S.W.3d 924,927-28 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we

deny relator's petition for writ of mandamus.

~6.h.-_· JOSi.MORRis TICE 121214F.P05

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