Opinion issued March 30, 2009
In The
Court of Appeals
For The
First District of Texas
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NO. 01-09-00158-CR
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IN RE RONALD DEXTER JOHNSON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Ronald Dexter Johnson, has filed a motion for leave to file a writ of mandamus and a petition for writ of mandamus. The petition requests that this Court compel respondent to enter a nunc pro tunc order awarding him additional pre-trial jail time credit. We deny the petition for writ of mandamus.
First, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure because it does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5. Moreover, there are three prerequisites for the issuance of a writ of mandamus by an appellate court, namely: (1) the lower court must have a legal duty to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). Relator has not provided us with a record that establishes that his motion for judgment nunc pro tunc was properly filed, that he requested the respondent to make a ruling on his motion, and that the respondent has failed or refused to rule. Id at 426.
The petition for leave to file is denied. See Tex. R. App. P. 52.1.
The petition for writ of mandamus is denied.
It is so ORDERED.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Alcala and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).