In Re Ricardo Rodriguez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 15, 2025
• Docket: 04-25-00532-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00532-CR

IN RE Ricardo RODRIGUEZ

Original Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Adrian A. Spears II, Justice H. Todd McCray, Justic

Delivered and Filed: October 15, 2025

PETITION FOR WRIT OF MANDAMUS DENIED

Relator filed a petition for writ of mandamus on August 20, 2025 seeking an order directing

respondent to hold a hearing on a motion for reduction of sentence that he allegedly filed. Relator

has not provided an appendix or mandamus record.

Mandamus will issue “only when the mandamus record establishes (1) a clear abuse of

discretion, and (2) the absence of a clear and adequate remedy at law.” In re Blakeney, 254 S.W.3d

659, 661 (Tex. App.—Texarkana 2008, orig. proceeding) (citing Cantu v. Longoria, 878 S.W.2d

131 (Tex. 1994)) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig.

proceeding). “It is the relator’s burden to provide this Court with a sufficient record to establish

1 This proceeding arises out of Cause No. 98-10-00152-CRF, styled The State of Texas v. Ricardo Rodriguez, pending in the 218th Judicial District Court, Frio County, Texas, the Honorable Russell Wilson presiding. 04-25-00532-CR

his or her right to mandamus relief.” Id. (citing Walker, 827 S.W.2d at 839–40; In re Pilgrim’s

Pride Corp., 187 S.W.3d 197, 198–99 (Tex. App.—Texarkana 2006, orig. proceeding)); see TEX.

R. APP. P. 52.3, 52.7(a).

Rule 52.3(k)(1)(B) requires relator to provide an appendix including “a certified or sworn

copy of any order complained of, or any other document showing the matter complained of.” TEX.

R. APP. P. 52.3. “Because the record in a mandamus proceeding is assembled by the parties,” we

must “strictly enforce[] the authentication requirements of rule 52 to ensure the integrity of the

mandamus record.” In re Smith, No. 05-19-00268-CV, 2019 WL 1305970, at *1 (Tex. App.—

Dallas Mar. 22, 2019, orig. proceeding) (mem. op.) (quoting In re McKinney, No. 05-14-01513-

CV, 2014 WL 7399301, at *1 (Tex. App.—Dallas Dec. 15, 2014, orig. proceeding)). We may deny

a petition for a writ of mandamus for an inadequate record alone. See Blakeney, 254 S.W.3d at

662.

Relator has not established that he is entitled to the relief requested. The petition for writ

of mandamus is DENIED.

DO NOT PUBLISH

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