\Vrit of Mandamus Denied, Opinion issued September 12, 2012
In The
rourt of .Appeals
.
lffifth IDistrict of Wcxas at IDallas
No. 05-12-01214-CV
IN RE ANDREW DAVID MALONE, JR., Relator
Original Proceeding from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F86-95910-QN
MEMORANDUM OPINION
Before Justice Morris, Richter, and Lang-Miers
Opinion by Justice Morris
In this original mandamus proceeding, relator contends the trial court has violated a
ministerial duty by failing to rule on relator's motion for judgment nunc pro tunc seeking credit for
time relator spent in jail before he was sentenced. Based on the record before the. Court, we conclude
relator has not shown he is entitled to the relief requested. See Simon v. Levario, 306 S. W.3d 318,
320-21 (Tex. Crim. App. 2009) (orig. proceeding); State ofTex. ex rei. Hill v. Court ofAppeals for
the Fifth Dist., 34 S.W.3d 924,927-28 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we
deny relator's petition for writ of mandamus.
~6.h.-_·
JOSi.MORRis
TICE
121214F.P05