in Re: Roger A. Vidales

• Court: Court of Appeals of Texas
• Decided: June 21, 2007
• Docket: 14-07-00472-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 21, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed June 21, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00472-CV

IN RE ROGER A. VIDALES, 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 4, 2007, 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. Proc. 52.  In the petition, relator asks this court to compel Honorable Mike Anderson, presiding judge of the 232nd District Court of Harris County, to rule on relator=s motion to replace appointed counsel with new counsel in connection with relator=s request for DNA testing under Chapter 64 of the Texas Code of Criminal Procedure.  Tex. Code Crim. Proc. Ann. Art. 64.01 et seq. (Vernon 2006).

Because relator failed to comply with the requirements of the Rules of Appellate Procedure, he has not established entitlement to the extraordinary relief sought.  See Tex. R. App. Proc. 52.3.  Further, there is no indication in the record that relator=s motion was ever set for submission or that any other action was taken to alert the trial court to the filed motion and that, once so alerted, the trial court refused to rule.  See In re Chavez, 62 S.W.3d 225, 229 (Tex. App.CAmarillo 2001, orig. proceeding) (AIf filing occurred with the district clerk, ... it would be incumbent upon appellant to illustrate that the clerk informed the trial court of the motion or that the trial court otherwise obtained knowledge of it.@); Barnes v. State, 832 S.W.2d 424, 426B27 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding) (to obtain mandamus relief, relator must show the motion was brought to the trial court=s attention but court failed or refused to rule).  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed June 21, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.