Opinion issued August 31, 2009
In The
Court of Appeals
For The
First District of Texas
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NO. 01-09-00609-CR
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IN RE ROBERT FLORES, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Robert Flores, has filed a petition for writ of mandamus requesting that this Court compel respondent to appoint counsel and rule on his motion for DNA testing . 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 that contains a certified or sworn copy of any order complained of, or any other document showing the matter complained of, and does not certify that a copy was served on respondent trial court judge. See Tex. R. App. P. 9.5, 52.3(k). Additionally, relator’s petition does not conform to Rule 52.3 in that relator does not certify that he has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record. See Tex. R. App. P. 52.3 (j). We hold “the relator to the same procedural standards we apply to other litigants.” 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.
It is so ORDERED.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Sharp and Taft.
Do not publish. Tex. R. App. P. 47.2(b)