in Re: Marvin L. Malone

Opinion

DENIED; Opinion Filed April 8, 2013.

SIn The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00419-CV

IN RE MARVIN L. MALONE, Relator

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F85-98931-IM

MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Evans Relator contends the trial court did not properly rule on his motion for judgment nunc pro

tunc. The facts and issues are well known to the parties, so we need not recount them herein.

Based on the record before us, we conclude relator has not shown he is entitled to the relief

requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim.

App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist.,

34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY

relator’s petition for writ of mandamus.

/David W. Evans/ DAVID W. EVANS JUSTICE

130419F.P05