Opinion issued May 17, 2007
In The
Court of Appeals
For The
First District of Texas
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NO. 01-07-00329-CR
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IN RE ANTONIO HERNANDEZ, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Antonio Hernandez, has filed a motion for leave to file an application for writ of mandamus. Relator has also filed a petition for writ of mandamus requesting that this Court compel respondent (1) to grant relator pre-trial jail time credit in trial court cause number 776439. We deny both the motion for leave and the petition for writ of mandamus.
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. See Tex. R. App. P. 9.5, 52.3(j). A relator must 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). 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).
Therefore, the petition for writ of mandamus is denied.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Keyes and Higley.
Do not publish. Tex. R. App. P. 47.2(b).
1. Respondent is the Honorable Joan Campbell, Judge, 248th District Court,
Harris County.