Opinion issued July 6, 2007
In The
Court of Appeals
For The
First District of Texas
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NO. 01-07-00541-CR
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IN RE MICHAEL SCOTT TONEY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Michael Scott Toney, has filed in this Court a pro se petition for writ of mandamus, complaining that the 208th District Court has not acted on his request for DNA testing of evidence in trial court cause number 9403369.
A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). If the respondent trial court has a legal duty to perform a nondiscretionary act, the relator must make a demand for performance that the respondent refuses. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding). The relator must also provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).
Relator has not provided us with a record that shows that he filed any motions or otherwise requested relief from respondent. See Tex. R. App. P. 52.3(j).
Accordingly, we deny the petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Taft, Jennings, and Alcala.
Do not publish. Tex. R. App. P. 47.2(b).