in Re: Ruben Guajardo

Opinion issued March 11, 2004









 








In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00133-CR

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IN RE RUBEN GUAJARDO, Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION

               Relator contends in his petition for writ of mandamus that, due to a clerical error, he is serving consecutive sentences in cause numbers 91-CR-0734 and 91-CR-0608, rather than concurrent sentences. Relator further contends that he filed a motion for judgment nunc pro tunc in the 56th District Court that the court denied.

               Relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure because it does not certify that a copy was served on a respondent. See Tex. R. App. P. 9.5. In addition, the documents attached to relator’s petition do not provide the Court with a sufficient record upon which relief could be granted. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex.1992); see Tex. R. App. P. 52.3.

               We therefore deny the petition for writ of mandamus.

               It is so ORDERED.

PER CURIAM


Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish. Tex. R. App. P. 47.2(b).