in Re: Calvin Ray Cash ( 2004 )

6-96-028-CV Long Trusts v. Dowd

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00039-CV

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IN RE: CALVIN RAY CASH

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Original Mandamus Proceeding

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            Calvin Ray Cash, relator, has filed a petition for writ of mandamus asking us to order the trial court to set a date to rule on his motion requesting a hearing on a motion which he has filed seeking to withdraw his guilty plea. Cash has not provided this Court with any information to identify any active case he may have currently pending before the trial court. We are aware from previous filings by this relator that he is currently imprisoned in the Institutional Division of the Texas Department of Criminal Justice for three felony convictions from Hopkins County and that those cases are now final. See In re Cash, 99 S.W.3d 286, 287 (Tex. App.—Texarkana 2003, orig. proceeding).

            Although a trial court must consider and rule on a motion brought to the court's attention within a reasonable amount of time, id.; In re Bonds, 57 S.W.3d 456, 457 (Tex. App.—San Antonio 2001, orig. proceeding), this assumes there is a case before that court over which it has authority to proceed. Cash has provided us with nothing to show that such a case is before the trial court.

            We deny the petition.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          March 29, 2004

Date Decided:             March 30, 2004