NO. 07-02-0442-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
OCTOBER 31, 2002
______________________________
IN RE TOMMIE J. DENSON
_________________________________
Before REAVIS and JOHNSON, JJ., and BOYD, S.J.1
Relator Tommie J. Denson seeks a writ of mandamus. The person against whom
the writ is sought is not specified, although relator’s petition listing the State of Texas as
Appellee references the Honorable Ebelardo Lopez, Judge of the 108th District Court of
Potter County, and also references a motion relator alleges he made in regard to post-
conviction DNA testing. We deny the petition.
On October 28, 2002, relator filed with the clerk of this court a pleading entitled
Petition for Writ of Mandamus. Relator alleges that he has filed a request for post-
conviction DNA testing and that the request was denied. We are requested to issue a writ
of mandamus, although the person against whom we are requested to issue the writ is not
specified.
1
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by
assignment.
In support of the petition for writ of mandamus, relator attached no documentation.
For example, no copy of a judgment of conviction or motion for DNA testing is attached.
When petition for writ of mandamus is made, it is the relator’s burden to show
entitlement to the relief being requested. See generally Johnson v. Fourth District Court
of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). Relator must file with the
petition a certified sworn copy of every document that is material to relator’s claim for relief
and that was filed in any underlying proceeding, and a properly authenticated transcript of
any relevant testimony from any underlying proceeding including any exhibits offered in
evidence or a statement that no testimony was adduced in connection with the matter
complained of. TEX . R. APP. P. 52.7(a).
Relator’s petition contains only allegations. Certified, sworn copies of motions and
correspondence referenced in the petition are not attached or furnished, nor is any other
document or transcript. Relator has not presented a record which shows entitlement to the
relief sought, or upon which we are authorized to act.
The petition for writ of mandamus is denied.
Phil Johnson
Justice
Do not publish.
2