in Re Ruben Guerrero ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00167-CV
In re Ruben Guerrero
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Ruben Guerrero, an inmate in the Texas Department of Criminal Justice, has filed
a pro se petition for writ of mandamus asking this Court to compel the 147th District Court of
Travis County to rule on Guerrero’s motion for a hearing pursuant to article 39.14 of the Code of
Criminal Procedure, which provides for a limited right of discovery in criminal cases, both before
and after trial. See Tex. Code Crim. Proc. art. 39.14(c), (k).
When a motion is properly filed and pending before the trial court, the act of
considering and ruling on that motion is a ministerial act, and mandamus may issue to compel the
trial court to act. In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, orig. proceeding).
However, the relator has the burden to provide the reviewing court with a record sufficient
to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)
(orig. proceeding); In re Mendoza, 131 S.W.3d 167, 168 (Tex. App.—San Antonio 2004,
orig. proceeding); see Tex. R. App. P. 52.7(a)(1). Here, Guerrero has failed to provide this Court
with any documents or other evidence tending to show that he is entitled to mandamus relief.
Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
____________________________________________
Bob Pemberton, Justice
Before Chief Justice Jones, Justices Pemberton and Rose
Filed: March 28, 2014
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