Joe L. Simmones ( 2005 )

Opinion issued November 3, 2005

In The

Court of Appeals  

For the

First District of Texas  

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NO. 01–05–00897–CR

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IN RE JOE LEE SIMMONS, Relator

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ORIGINAL PROCEEDING ON PETITION FOR WRIT OF MANDAMUS

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MEMORANDUM OPINIONOn July 29, 2005, relator Joe Lee Simmons, who is confined in the Harris County Jail, filed a petition for writ of mandamus in this court. See Tex. R. App. P. 52. In his petition, relator argues that the trial court refused to rule on relator’s pre-trial motions.

          The Texas Rules of Appellate Procedure require relator to provide this Court with a record in support of the petition which contains a certified or sworn copy of every document material to the relator’s claim for relief that was filed in the underlying proceeding. See Tex. R. App. P. 52.7(a). Relator has not provided any certified or sworn copies of any documents filed in the trial court. Without the record, we cannot determine whether the trial court abused its discretion.

          Moreover, the record must show that relator called the motions to the trial court’s attention. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, orig. proceeding). Without an adequate record, we cannot determine whether the trial court abused its discretion in refusing to rule on relator’s motions. See id. (stating that filing with district clerk does not impute knowledge of a motion to the trial court).

          Accordingly, we deny relator’s petition. See Tex. R. App. P. 52.8(a).

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.