in Re Darrell Lewis ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00110-CR
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IN RE DARRELL LEWIS
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Original Proceeding
163rd District Court of Orange County, Texas
Trial Cause No. A190682-R
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MEMORANDUM OPINION
In a petition for a writ of mandamus, Darrell Lewis asks this Court to compel
the 163rd District Court of Orange County to rule on a motion for final disposition
that Lewis claims he filed pursuant to the Interstate Agreement on Detainers Act
(IADA). 1 See Tex. Code Crim. Proc. Ann. art. 51.14, art. III. Lewis states that he is
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Relator states that he has filed a motion for final disposition under the IADA,
a motion to dismiss for failure to prosecute, and a petition for a writ of habeas corpus.
However, he does not state whether the motions were filed by counsel, pro se while
he was represented by counsel, or pro se while he was not represented by counsel.
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currently in federal custody, and he concedes the State had not lodged an official
detainer against him.
Lewis “has the obligation to provide us with a record showing that a properly
filed motion has awaited disposition for an unreasonable period of time.” Ex parte
Bates, 65 S.W.3d 133, 135 (Tex. App.—Amarillo 2001, orig. proceeding). A relator
must file a certified or sworn copy of every document that is material to his claim
for relief. 2 See Tex. R. App. P. 52.7. Lewis failed to establish that he properly filed
a motion with the trial court that has awaited disposition for an unreasonable length
of time. See Bates, 65 S.W.3d at 136. He also has not shown that the trial court failed
to perform a ministerial act required by the IADA. See generally Tex. Code Crim.
Proc. Ann. art. 51.14, art. III. We deny the petition for a writ of mandamus without
prejudice.
PETITION DENIED.
PER CURIAM
Submitted on June 8, 2021
Opinion Delivered June 9, 2021
Do Not Publish
Before Golemon, C.J., Kreger and Johnson, JJ.
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Depending upon the facts, documents that may be material to a complaint
that the trial court allegedly failed to rule on a properly filed motion might include,
without limitation, the indictment or information charging the defendant with an
offense, the docket sheet, an order appointing counsel or allowing pro se
representation, any motion or petition that is the subject of the complaint, any
document that demonstrates how the defendant brought the request for a ruling to
the attention of the trial court, and any document the defendant claims functions as
a detainer under the IADA.
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