in Re Scott Edward May ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00028-CR
IN RE SCOTT EDWARD MAY
Original Proceeding
MEMORANDUM OPINION
Scott Edward May requests this Court by petition for writ of mandamus to
compel the trial court to rule on May’s Motion Nunc Pro Tunc. There are procedural
problems with May’s petition, most notably that the petition is not certified and the
record is not certified or sworn. See TEX. R. APP. P. 52.3(j), (k); 52.7(a). However, we use
Rule 2 to look beyond the procedural problems and deny the petition on its merits
because May has presented no evidence that he properly brought the motion nunc pro
tunc to the trial court’s attention and that the trial court refused to rule. TEX. R. APP. P.
2; In re Hearn, 137 S.W.3d 681, 685 (Tex. App.—San Antonio 2004, orig. proceeding).
May’s petition for writ of mandamus is denied. Further, his motion for leave to
file the petition for writ of mandamus is dismissed as moot.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition denied
Opinion delivered and filed February 9, 2011
Do not publish
[OT06]
In re May Page 2