in Re: Alfred Lee Stone ( 2015 )

DENY; and Opinion Filed June 4, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00661-CV
IN RE ALFRED LEE STONE, Relator
Original Proceeding from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-91-42452-T
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Evans
Opinion by Justice Fillmore
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to rule on various post-conviction motions filed February 2, 2015. To establish a right to
mandamus relief in a criminal case, the relator must show that the trial court violated a
ministerial duty and there is no adequate remedy at law. In re State ex rel. Weeks, 391 S.W.3d
117, 122 (Tex. Crim. App. 2013) (orig. proceeding). Further, as the party seeking relief, the
relator has the burden of providing the Court with a sufficient mandamus record to establish his
right to mandamus relief. Lizcano v. Chatham, 416 S.W.3d 862, 863 (Tex. Crim. App. 2011)
(orig. proceeding) (Alcala, J. concurring); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)
(orig. proceeding).
The mandamus record before us does not include a certified or sworn copy of the trial
court’s docket sheet or other proof that establishes the trial court has failed to rule on relator’s
motions. TEX. R. APP. P. 52.3(k)(1)(a) (appendix must contain certified or sworn copy of order
complained of, or any other document showing the matter complained of); 52.7(a) (relator must
file with petition certified or sworn copy of every document material to relator’s claim for relief).
Absent such a record, we cannot conduct a meaningful review of relator’s claims. Lizcano, 416
S.W.3d at 863 (Alcala, J. concurring).
We deny the petition.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
150661F.P05
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