in Re Michael Davis

• Court: Court of Appeals of Texas
• Decided: November 9, 2015
• Docket: PD-1429-15
• Status: Published

Opinion

PD-1429-15

CAUSE NOS. 14-15-O0875-«3*,.14-15-G0876-CR S 14-15-00877-CR

IN RE MICHAEL DAVIS, § IN THE FOURTEENTH COURT OF APPEALS

Relator § FILED IN VS. AT 14th COURT OF APPEALS

HONORABLE JUDGE OF THE 228TH § OCT 26 2015 DISTRICT COURT, § HOUSTON/ TEJJASCHRISTOPHER A. PR1NE Respondent CLERK NOTICE OP APPEAL

TO THE HONORABLE COURT:

Relator pro se Michael Davis, hereby files this his Notice of

pursuant to the Texas Rules of Appellate Procedure.

Relator's Application for Writ of Mandamus has been denied by this Court.

Relator hereby appeals to the Texas Court of Criminal Appeals at Austin.

Relator respectfully requests the record be forwarded to the Clerk of the

Texas Court of Criminal Appeals. Relator further requests a suspension of the Rules because he is not an attorney and also in the interest of justice.. RECEIVED IN Respectfully sufcmitts COURT OF CRIMINAL APPEALS

NOV-09 2015 Michael Davis #93§Hf73 ^T ^"r*^ Relator pro se g[ ^ Jjg&g Abel Acosta, Allred Unit-2101*FM 36a^or$§p? Iowa Park, TX 76367-6658 £* CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this instrument has been nailed by first class U.S. Mail, postage prepaid, to the following on this the £LfH °f a<&Qpl&} 2015: Clerk Fourteenth Court of Appeals 301 Fannin, Suite 245 Houston, TX 77002

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V Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 27, 2015.

In The

iffmtrteimtif Cmtrt of Appeals

NOS. 14-15-00875-CR, 14-15-00876- CR, and 14-15-00877-CR

IN RE MICHAEL DAVIS, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 228th District Court Harris County, Texas Trial Court Cause No. 331288, 331289 & 331549

MEMORANDUM OPINION

On October 14, 2015, relator Michael Davis filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Marc Carter, presiding judge of the 228th District Court of Harris County, to rule on his "Movant's Motion for Access to the Plea Bargain." "A party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request." In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding). In particular, the relator must show that the motion was filed and that he presented it to the trial court for a ruling. See In re Clewis, 14-10-00086-CV, 2010 WL 547087, at *1 n.3 (Tex. App.—Houston [14th Dist] Feb. 18, 2010, orig. proceeding). Additionally, as the party seeking relief, the relator has the burden of providing this court with a sufficient record to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Tex. R. App. P. 52.7(a)(1) (relator must file with petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding").

Relator attached to his petition his "Movant's Motion for Access to the Plea Bargain" addressed to the trial court, dated September 21, 2015. But, there is no file stamp or any other evidence in the record that the motion was actually filed and presented to the trial court. The record does not show that relator requested a ruling on the motion. Because relator has not provided an adequate record showing that he is entitled to the relief he seeks, we deny relator's petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Donovan.

Do Not Publish — Tex. R. App. P. 47.2(b).