in Re Orlean Ayers v. State

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 7, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 7, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00517-CR

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IN RE ORLEAN AYERS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On June 8, 2009, relator 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 asked this court to compel the judge of the 176th District Court of Harris County to rule on relator=s motion for DNA testing.

As the party seeking relief, relator had the burden of presenting this court with a sufficient record to establish his right to mandamus relief.  Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992).  Relator has failed to meet this burden.  Relator included with his petition a copy of a motion for DNA testing, but this copy bears no file stamp.  Relator has not established that he is entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Sullivan.