In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00409-CR
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IN RE JEREMY JOMARD GOUDEAU
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Original Proceeding
252nd District Court of Jefferson County, Texas
Trial Cause No. 11-12314
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MEMORANDUM OPINION
Relator Jeremy Jomard Goudeau filed a petition for writ of mandamus, in
which he seeks to compel the trial court to rule on his motion for a free copy of his
trial record, which he desires to use in conjunction with a post-conviction writ of
habeas corpus. 1 Goudeau attached as exhibits a copy of his motion for a free
record, the cover letter requesting that the district clerk file his motion, and an
1
This Court previously dismissed Goudeau's appeal from his conviction
because the trial court certified that his conviction was the result of a plea bargain
and Goudeau had no right to appeal. See Goudeau v. State, No. 09-11-00675-CR,
2012 WL 112975 (Tex. App.—Beaumont Jan. 11, 2012, no pet.) (mem. op., not
designated for publication).
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internal prison document in which he inquired as to the date the prison mailed his
motion.
A relator seeking mandamus relief must demonstrate that he has brought the
motion to the trial judge’s attention, and that the trial judge then failed or refused
to rule within a reasonable time. In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—
Amarillo 2001, orig. proceeding). The clerk’s knowledge of the filing of a motion
cannot be imputed to the judge. Id.
Goudeau has not demonstrated that he brought the motion to the trial court’s
attention and requested a ruling from the trial judge. See id. Therefore, Goudeau
has not demonstrated that he is entitled to mandamus relief from this Court. See
State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex.
Crim. App. 2001). Accordingly, we deny relief on the petition for writ of
mandamus.
PETITION DENIED.
PER CURIAM
Submitted on November 15, 2016
Opinion Delivered November 16, 2016
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
2