James Legate v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00020-CR
James LEGATE,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 1998CR6480
Honorable Melisa Skinner, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: February 12, 2014
DISMISSED
On August 11, 1999, James Legate was sentenced to ninety-nine years imprisonment. On
January 7, 2014, he filed a notice of appeal. In his notice of appeal, Legate states that on September
15, 2013, he filed a Motion for the Release of Clerk’s Record. He complains that the trial court
has failed to rule on his motion. A complaint about the failure of a trial court to rule on a motion
cannot be brought on direct appeal, but should instead be brought in a mandamus proceeding. See
In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, orig. proceeding); In re Ramirez,
994 S.W.2d 682, 683 (Tex. App.—San Antonio 1998, orig. proceeding). We therefore ordered
04-14-00020-CR
appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant
has filed a response to our order that stating he is “voluntarily dismissing [his] notice of appeal.”
See TEX. R. APP. P. 42.2. We dismiss this appeal.
PER CURIAM
Do not publish
-2-