in Re Vance Johnson ( 2008 )


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  • Opinion issued June 26, 2008

















    In The

    Court of Appeals

    For The

    First District of Texas

    ____________



    NO. 01-08-00448-CR

    ____________



    IN RE Vance Johnson, Relator




    Original Proceeding on Petition for Writ of Mandamus




    MEMORANDUM OPINION

    Relator, Vance Johnson, has filed a pro se petition for writ of mandamus that names as respondent Theresa Chang, Harris County District Clerk, to send a supplemental reporter's record for his appeal of trial court case number 10314541, appeals number 01-07-00804. (1) We deny the petition.

    First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, and it does not certify that a copy was served on Theresa Chang, respondent. (2) See Tex. R. App. P. 9.5, 52.3(j).

    Moreover, relator has not provided us with a record that shows that he made any request of Theresa Chang, 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).

    The petition for writ of mandamus is denied. PER CURIAM



    Panel consists of Justices Taft, Jennings, and Bland.  

    Do not publish.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

    1. Court appointed counsel, Frances Northcutt, represents Vance Johnson on appeal in case number 01- 07-00804-CR.

    2. Certificate of service states that relator Johnson served the First Court of Appeals.

Document Info

Docket Number: 01-08-00448-CR

Filed Date: 6/26/2008

Precedential Status: Precedential

Modified Date: 9/3/2015