Opinion to issue March 22, 2007
In The
Court of Appeals
For The
First District of Texas
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NO. 01-07-00169-CR
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IN RE ADRIAN ASHLEY WHEATFALL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Adrian Ashley Wheatfall, filed in this Court a pro se petition for writ of mandamus. We deny the petition.
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 provide this Court with a sufficient record to establish his right to mandamus relief. See Tex. R. App. P. 52.7. Relator, however, has not provided us with a record that shows the basis of his request for counsel. Relator attaches a copy of correspondence from the district clerk indicating that the trial court denied relator's request for counsel, but does not include his motion for DNA testing, accompanying affidavit, or the request for counsel. See Tex. Code Crim. Proc. Ann. art. 64.01 (Vernon 2006).
Therefore, the petition for writ of mandamus is denied.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Bland.
Do not publish. Tex. R. App. P. 47.2(b).