in Re Hugo Hernandez

Opinion issued November 1, 2007 

 







 

In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-07-00912-CR

____________


IN RE HUGO HERNANDEZ, Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION

               Relator, Hugo Hernandez, filed in this Court a pro se petition for writ of mandamus complaining that respondent has not ruled on a pre-trial petition for writ of habeas corpus requesting release on a personal bond or that his bond be lowered. Relator alleges that he filed the writ of habeas corpus in the 122nd District Court. We deny the petition.

               First, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, and it does not certify that a copy was served on respondent trial court judge. Relator’s petition includes a certificate of service that states that he served the Fourteenth Court of Appeals. See Tex. R. App. P. 9.5, 52.3(j).

               Moreover, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

The petition for writ of mandamus is denied.

PER CURIAM

Panel consists of Justices Taft, Hanks, and Higley.

Do not publish.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