in Re Richard Lares

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00071-CR IN RE Richard LARES, Relator Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice Delivered and Filed: March 24, 2021 PETITION FOR WRIT OF MANDAMUS DENIED Relator has filed a petition for writ of mandamus arguing the respondent trial judge has failed to rule on a motion. We may issue writs of mandamus to correct an abuse of discretion, but only when agreeable to principles of law. See TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden of providing this court with a record sufficient to establish the trial court violated a ministerial duty and there is no adequate remedy at law. In re Soliz, No. 04-18-00565- CR, 2018 WL 3998463, at *1 (Tex. App.—San Antonio Aug. 22, 2018, no pet.) (per curiam) (mem. op., not designated for publication) (denying mandamus relief when less than two months elapsed since relator allegedly filed his motions and the record did not contain a copy of the trial court’s docket or other proof that establishes the trial court has failed to rule on his properly- 1 This proceeding arises out of Cause No. 2006CR10110, styled State of Texas v. Richard Lares, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding. 04-21-00071-CR presented motions within a reasonable time). See id. Having considered relator’s petition, we conclude relator has not satisfied this burden. We therefore deny the petition for writ of mandamus. PER CURIAM Do Not Publish -2-