in Re: Tommy Ray King

• Court: Court of Appeals of Texas
• Decided: October 12, 2022
• Docket: 05-22-01051-CV
• Status: Published

Opinion

Denied and Opinion Filed October 12, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01051-CV

IN RE TOMMY RAY KING, Relator

Original Proceeding from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F12-55339-R

MEMORANDUM OPINION Before Justices Osborne, Partida-Kipness, and Smith Opinion by Justice Partida-Kipness Relator Tommy Ray King seeks a writ of mandamus to compel the trial court

to rule on relator’s motion to appoint counsel. To be entitled to mandamus relief in

a criminal case, relator must show (1) he has no adequate remedy at law, and (2)

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

221051F.P05

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