In Re: Rocky Coronado v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 26, 2023
• Docket: 05-23-00654-CV
• Status: Published

Opinion

DENIED and Opinion Filed July 26, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00654-CV

IN RE ROCKY CORONADO, Relator

Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F-1400535

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Goldstein In his July 3, 2023 petition for writ of mandamus, relator seeks relief from the

trial court’s failure to file and rule on a separate petition for writ of mandamus

seeking to compel the district clerk to accept one or more documents presented for

filing.

To establish a right to mandamus relief in a criminal case, the relator must

show that the trial court violated a ministerial duty and there is no adequate remedy

at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.

proceeding). To obtain mandamus relief compelling the trial court to rule on a

motion, a relator must show (1) the trial court had a legal duty to rule on the motion, (2) the relator requested a ruling, and (3) the trial court failed or refused to do so

within a reasonable time. In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas 2017,

orig. proceeding) (mem. op.). It is relator’s burden to provide a record sufficient to

establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.

1992) (orig. proceeding).

Relator’s petition does not comply with the Texas Rules of Appellate

Procedure in numerous respects. See, e.g., TEX. R. APP. P. 52.3(a)–(k), 52.7(a). For

instance, a petition seeking mandamus relief must include a certification stating that

the relator “has reviewed the petition and concluded that every factual statement in

the petition is supported by competent evidence included in the appendix or

record.” TEX. R. APP. P. 52.3(j). Relator failed to certify his petition.

Additionally, Rule 52.3(k)(1)(A) requires a relator to file an appendix with his

petition that contains “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(k)(1)(A).

Rule 52.7(a)(1) requires the relator to file with his petition “a certified or sworn copy

of every document that is material to the relator’s claim for relief that was filed in

any underlying proceeding.” TEX. R. APP. P. 52.7(a)(1). Relator failed to include

with his petition any documents material to his claim for relief.

–2– Accordingly, we deny relator’s petition for writ of mandamus.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 230654F.P05

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