Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 31, 2009.
In The
Fourteenth Court of Appeals
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NO. 14-09-01054-CR
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IN RE MARSHALL A. WASHINGTON, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On December 16, 2009, relator, Marshall A. Washington, filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Joan Campbell, presiding judge of the 248th District Court of Harris County, to rule on his motion for nunc pro tunc order to correct a clerical error in a pre-sentence investigation report.
As an initial matter, relator’s petition does not comply with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 9.5, 20.1, and 52.7(a)(1). Notwithstanding these deficiencies, relator has not shown that he is entitled to mandamus relief.
To be entitled to mandamus relief, a relator must show that he has no adequate remedy at law to redress his alleged harm, and what he seeks to compel is a ministerial act, not involving a discretionary or judicial decision. State ex rel. v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.2d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). Consideration of a motion that is properly filed and before the court is a ministerial act. State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987) (orig. proceeding) (op. on reh’g). A relator must establish that the trial court (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) failed to do so. In re Keeter, 134 S.W.3d 250, 252 (Tex. App.—Waco 2003, orig. proceeding).
Relator has not provided a sufficient record in this original proceeding. He has not attached a copy of his purportedly pending motion that bears the file stamp of the Harris County District Clerk and, therefore, relator has not demonstrated that he filed the motion in the trial court. Relator also has not demonstrated that the trial court received, was aware of, or was asked to rule on the motion. See In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.—Amarillo 2003, orig. proceeding).
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Frost, Boyce, and Sullivan.
Do Not Publish—Tex. R. App. P. 47.2(b).