In Re: Steven Wayne Russell v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 19, 2023
• Docket: 05-23-00328-CV
• Status: Published

Opinion

DENY and Opinion Filed April 19, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00328-CV

IN RE STEVEN WAYNE RUSSELL, Relator

Original Proceeding from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 11673

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Partida-Kipness Relator petitions this Court for a writ of mandamus to compel the trial court

to deliver a copy of his judgment to the Texas Department of Criminal Justice.

To be entitled to mandamus relief in a criminal case, relator must show (1) that

he has no adequate remedy at law and (2) that what he seeks to compel is a

ministerial act. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App.

2013) (orig. proceeding). Relator bears the burden to provide the Court with a

sufficient record to establish his right to relief. Walker v. Packer, 827 S.W.2d 833,

837 (Tex. 1992) (orig. proceeding).

Relator has not provided this Court with a record establishing his right to

relief, and his petition does not comply with several of the requirements set out in Texas Rule of Appellate Procedure 52. See TEX. R. APP. P. 52.3, 52.7. Accordingly,

we deny the petition.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

230328F.P05

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