in Re: Armando Madrid ( 2016 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
' No. 08-16-00292-CR
IN RE: ARMANDO MADRID,
' AN ORIGINAL PROCEEDING
Relator.
' IN MANDAMUS
'
MEMORANDUM OPINION
Relator, Armando Madrid, a Texas inmate, has filed a petition for writ of mandamus
against the Honorable Martin Muncy, Judge of the 109th District Court of Andrews County,
Texas, alleging that Respondent has not ruled on a motion to recuse purportedly filed on
August 5, 2016.
To obtain mandamus relief, Relator must demonstrate that he does not have an adequate
remedy at law and that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth
Judicial District Court of Appeals, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). To be entitled
to a writ of mandamus compelling a trial court to consider and rule on a properly filed motion,
Relator must establish that the trial court: (1) had a legal duty to rule on the motion; (2) was
asked to rule on the motion; and (3) failed or refused to rule on the motion within a reasonable
time. In re Molina, 94 S.W.3d 885, 886 (Tex.App.--San Antonio 2003, orig. proceeding); see In
re Layton, 257 S.W.3d 794, 795 (Tex.App.--Amarillo 2008, orig. proceeding). Relator has not
presented sufficient evidence to establish he is entitled to mandamus relief. Accordingly, the
petition for writ of mandamus is denied.
December 7, 2016
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Do Not Publish)
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