in Re: John Cloud ( 2013 )

Petition for Writ of Mandamus is DENIED; Opinion Filed March 19, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00192-CV
No. 05-13-00193-CV
IN RE JOHN CLOUD, Relator
On Appeal from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F93-61603 and F93-61604
MEMORANDUM OPINION
Before Justices Moseley, Francis, and Fillmore
Opinion by Justice Moseley
The Court has before it an “appellant’s brief” and a “petition for judicial notice.”
Because no notice of appeal was filed in this Court or in the trial court, there is no appeal
pending for which this brief may be filed. Under the circumstances, we will treat the brief as a
petition for writ of mandamus. However, relator had an adequate remedy at law–via the appeal
he did not file. See TEX. CODE CRIM. PROC. ANN. art. 64.05 (West 2006). Therefore, 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 v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009)
(orig. proceeding). We therefore DENY relator’s petition for writ of mandamus and petition for
judicial notice.
/Jim Moseley/
130192F.P05
JIM MOSELEY
JUSTICE