in Re: Marvin L. Malone ( 2013 )

DENIED; Opinion Filed April 8, 2013.
SIn The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00419-CV
IN RE MARVIN L. MALONE, Relator
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F85-98931-IM
MEMORANDUM OPINION
Before Justices O'Neill, Lang-Miers, and Evans
Opinion by Justice Evans
Relator contends the trial court did not properly rule on his motion for judgment nunc pro
tunc. The facts and issues are well known to the parties, so we need not recount them herein.
Based on the record before us, we conclude relator has not shown he is entitled to the relief
requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim.
App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist.,
34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY
relator’s petition for writ of mandamus.
/David W. Evans/
DAVID W. EVANS
JUSTICE
130419F.P05