Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 25, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00012-CR
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RODNEY D. THOMAS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
179th District Court
Harris County, Texas
Trial Court Cause No. 1061841
M E M O R A N D U M O P I N I O N
On January 7, 2011, relator 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. Relator requests we compel the Honorable Randy Roll, the presiding judge of the 179th District Court, Harris County, Texas, to correct the judgment in trial court cause 1061841, styled State of Texas v. Rodney D. Thomas, in accordance with his “DEFENDANT’S MOTION FOR NUNC PRO TUNC CORRECTION OF JUDGMENT.”
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. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 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 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). A relator must show that the trial court received, was aware of, and asked to rule on the motion. In re Villarreal, 96 S.W.3d 708, 710 (Tex. App. -- Amarillo 2003, orig. proceeding).
Relator has not provided a file-stamped copy of his motion demonstrating it is actually pending in the trial court. Absent a showing the trial court is aware of and been asked to rule on a motion, relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator’s petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Brown, Boyce, and Jamison.
Do Not Publish — Tex. R. App. P. 47.2(b).