In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-13-00263-CR
IN RE: MICHAEL DOWDEN
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
In Cass County, Texas, Michael Dowden was convicted on two charges of delivery of a
controlled substance, specifically two different types of narcotic painkillers, and sentenced to
sixty-five years’ and two years’ confinement, respectively, with the sentences to run
concurrently. Dowden filed a petition for writ of mandamus in which, as best we can discern, he
seeks to have this Court order DNA and fingerprint testing of “the evidence they have against
[him],” presumably the narcotic pills themselves.
We may grant a petition for writ of mandamus when the relator shows there is no
adequate remedy at law to redress the alleged harm and that the act to be compelled is purely
ministerial. Aranda v. Dist. Clerk, 207 S.W.3d 785, 786 (Tex. Crim. App. 2006) (orig.
proceeding) (citing Winters v. Presiding Judge of Criminal Dist. Court No. Three, 118 S.W.3d
773, 775 (Tex. Crim. App. 2003)).
Here, Dowden has failed to provide this Court with any record in support of his petition.
It is the relator’s burden to provide this Court with a sufficient record to establish his right to
mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); In re
Pilgrim’s Pride Corp., 187 S.W.3d 197, 198–99 (Tex. App.—Texarkana 2006, orig.
proceeding); see TEX. R. APP. P. 52.3. Further, the trial court is not required to consider a motion
unless it is called to the court’s attention. In re Blakeney, 254 S.W.3d 659, 662 (Tex. App.—
Texarkana 2008, orig. proceeding). Dowden’s petition is not accompanied by any proof he
brought this matter before the trial court. See TEX. R. APP. P. 52.3(k)(1). Dowden’s petition
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does not include an appendix or any other attempt to provide a record for our review. Without
some record of this type, we are unable to grant the extraordinary relief he has requested.
For the reasons stated, Dowden’s petition is denied.
Jack Carter
Justice
Date Submitted: December 31, 2013
Date Decided: January 2, 2014
Do Not Publish
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