The State of TexasAppellee/s
Fourth Court of Appeals
San Antonio, Texas
January 15, 2014
No. 04-14-00020-CR
James LEGATE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 1998CR6480
Honorable Melisa Skinner, Judge Presiding
ORDER
On August 11, 1999, James Legate was sentenced to ninety-nine years imprisonment. On
January 7, 2014, he filed a notice of appeal. In his notice of appeal, Legate states that on
September 15, 2013, he filed a Motion for the Release of Clerk’s Record. He complains that the
trial court has failed to rule on his motion. A complaint about the failure of a trial court to rule on
a motion cannot be brought on direct appeal, but should instead be brought in a mandamus
proceeding. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, orig.
proceeding); In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.—San Antonio 1998, orig.
proceeding). We therefore ORDER appellant to show cause on or before February 14, 2014
why this appeal should not be dismissed for lack of jurisdiction. All appellate deadline are
suspended pending further order of this Court.
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 15th day of January, 2014.
___________________________________
Keith E. Hottle
Clerk of Court