in Re: Perry Lewis Smart ( 2013 )

Vrit of Niandanius Denied. Opinion issued January 3. 2013
In The
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No. 05-12-017 17-CV
IN RE PERRY LEWIS SMART, Relator
Original Proceeding from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. 1256097
MEMORANDUM OPINION
Before Justices O’Neill. Francis, and Murphy
Opinion by Justice O’Neill
Relator contends the trial court violated a ministerial duty by not rendering ajudgment in his
favor as a matter of law. The facts and issues are well known to the parties, so we need not recount
them herein. Based on the record before us, we conclude relator has not shown he is entitled to the
relief requested .See TEx. R. APP. P. 52.8(a): Simon ‘. Levario. 306 S.W.3d 318. 320-21 (Tex.
Crim. App. 2009) (orig. proceeding); State of Tex. cx ret. Hill v. Court of Appeals for the Fifth Dist.,
34 S.W.3d 924. 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we I)ENY relator’s
petition for writ of mandamus.
MARY
JUSTICE
1217 17F.P05