in Re Kevin Earl Washington ( 2016 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00202-CR
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IN RE KEVIN EARL WASHINGTON
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Original Proceeding
411th District Court of Polk County, Texas
Trial Cause Nos. 21904, 22107, and 22108
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MEMORANDUM OPINION
Relator Kevin Earl Washington seeks a writ of mandamus requiring the trial
court to sign judgments nunc pro tunc granting additional jail-time credit in three
cases. Washington alleges that he filed a motion to correct the amount of jail time
credited to him, but the trial court has not ruled on his motion. We deny the
petition for a writ of mandamus.
A relator must demonstrate that he is indisputably entitled to mandamus
relief. In re Brown, 343 S.W.3d 803, 805 (Tex. Crim. App. 2011) (orig.
proceeding). Furthermore, to obtain mandamus relief for the trial court’s failure to
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rule on such a motion, a relator must establish that (1) the motion was properly
filed and has been pending for a reasonable time; (2) the relator requested a ruling
on the motion; and (3) the trial court refused to rule. In re Sarkissian, 243 S.W.3d
860, 861 (Tex. App.—Waco 2008, orig. proceeding) (mem. op.). Merely filing a
motion with the trial court clerk does not constitute a request that the trial court
rule on the motion. Id. Additionally, a relator must provide a record establishing
that his motion has awaited disposition for an unreasonable time. In re Mendoza,
131 S.W.3d 167, 168 (Tex. App.—San Antonio 2004, orig. proceeding); see also
Tex. R. App. P. 52.7(a)(1) (the relator must file with the petition a certified or
sworn copy of every document that is material to his claim for relief and that was
filed in any underlying proceeding.).
To be entitled to jail-time credit for the time a person is incarcerated before
conviction, he must have been incarcerated for the case in which he is ultimately
tried and convicted. Collins v. State, 318 S.W.3d 471, 473 (Tex. App.—Amarillo
2010, pet. ref’d). Washington has not shown that the trial court failed to award jail-
time credit for time that Washington spent in jail for the case. See generally Tex.
Code Crim. Proc. Ann. art. 42.03, § 2(a) (West Supp. 2015). Washington failed to
provide copies of the judgments and jail records supporting his alleged entitlement
to additional jail-time credit. See Sarkissian, 243 S.W.3d at 861; Mendoza, 131
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S.W.3d at 168; see also Tex. R. App. P. 52.7(a)(1). Therefore, Washington has
failed to establish that he is entitled to mandamus relief. Accordingly, we deny the
petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on August 9, 2016
Opinion Delivered August 10, 2016
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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