Denied and Opinion Filed June 8, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00673-CV
No. 05-15-00674-CV
No. 05-15-00675-CV
IN RE RAFAEL RAMIREZ, Relator
Original Proceeding from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-11132-W, No. F12-60236-W, No. F13-56808-W
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Evans
Opinion by Justice Evans
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to rule on his motion for judgment nunc pro tunc dated December 19, 2014. 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). The mandamus record does not include a
certified or sworn copy of the trial court’s docket sheet or other proof that establishes the trial
court has failed to rule on relator’s motion. TEX. R. APP. P. 52.3(k)(1)(a) (appendix must contain
certified or sworn copy of order complained of, or any other document showing the matter
complained of), 52.7(a) (relator must file with petition certified or sworn copy of every
document material to relator’s claim for relief). As the party seeking relief, the relator has the
burden of providing the Court with a sufficient mandamus record to establish his right to
mandamus relief. Lizcano v. Chatham, 416 S.W.3d 862, 863 (Tex. Crim. App. 2011) (orig.
proceeding) (Alcala, J. concurring); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.
proceeding). Absent such a record, we cannot conduct a meaningful review of relator’s claims.
Lizcano, 416 S.W.3d at 863 (Alcala, J. concurring).
We deny the petition.
150673F.P05 /David Evans/
DAVID EVANS
JUSTICE
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