in Re David Joyner ( 2009 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 12, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 12, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00101-CR

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IN RE DAVID JOYNER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 22, 2009, relator David Joyner filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable Joan Campbell, presiding judge of the 248th District Court of Harris County, to rule on a pretrial writ of habeas corpus, and several motions that relator claims to have filed with the trial court.  Relator has not filed a mandamus record.  See Tex. R. App. P. 52.7.  We deny the petition for writ of mandamus.

In his petition, relator states he is under indictment for burglary of a building.  He asserts that he has filed (1) a pretrial application for writ of habeas corpus challenging the constitutionality of the statutes under which he is being prosecuted, (2) a request for a chemical dependency counselor, and (3) a petition for removal of the district attorney on grounds of official misconduct.  Relator claims the trial judge has failed to rule on his motions and application for pretrial writ.  The absence of a mandamus record prevents us from evaluating the circumstances of this case and the merits of relator=s complaints.  See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding).  To demonstrate his entitlement to mandamus relief, relator must provide this court with evidence so that we can assess the trial court=s actions or omissions.  See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.CAmarillo 2001, orig. proceeding).

Relator has failed to establish entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).