in Re Kerry Sims ( 2006 )

Opinion issued May 23, 2006

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-06-00371-CR

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IN RE KERRY SIMS, Relator  

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

          Relator, Kerry Sims, filed in this Court a pro se petition for writ of mandamus asking that we order respondent , the trial court judge, to resolve a jail time credit discrepancy between the trial court’s judgment and the Texas Department of Criminal Justice Time Credit Section’s calculation of his time credits. We note, that the granting of credit for jail time has historically been accomplished by post-conviction writ of habeas corpus. Ex parte Dunn, 976 S.W.2d 208 (Tex. Crim. App. 1998).

          It is appellant’s burden to provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). The petition does not include an appendix and it does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5, 52.3(j). In addition, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

          We deny the petition for writ of mandamus.

          It is so ORDERED.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).