in Re Aaron Williamson, Relator ( 2011 )

MEMORANDUM OPINION
No. 04-11-00859-CV
IN RE Aaron WILLIAMSON
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 21, 2011
PETITION FOR WRIT OF MANDAMUS DENIED
On December 5, 2011, relator filed a petition for writ of mandamus, which appears to
complain the trial court has failed to enter an order of nondisclosure in accordance with section
411.081 of the Texas Government Code. See TEX. GOV. CODE ANN. § 411.081. However, in
order to be entitled to mandamus relief, relator must establish the trial court: (1) had a legal duty
to perform a non-discretionary act; (2) was asked to perform the act; and (3) failed or refused to
do so. In re Molina, 94 S.W.3d 885, 886 (Tex. App.—San Antonio 2003, orig. proceeding).
Relator contends the trial court has informed him the trial court will not grant his petition
until he pays the outstanding costs from his underlying criminal charge. However, we have
nothing in the record to support relator’s claim. Therefore, relator has failed to provide us with a
1
This proceeding arises out of Cause No.11-03-15883-CV, in the 79th Judicial District Court, Brooks County,
Texas, the Honorable Richard Terrell presiding.
04-11-00859-CV
record showing the trial court has failed or refused to perform a non-discretionary act. See
Molina, 94 S.W.3d at 886; see also TEX. R. APP. P. 52.7(a); Walker v. Packer, 827 S.W.2d 833,
837 (Tex. 1992) (orig. proceeding). Based on the foregoing, we conclude relator has not shown
himself entitled to mandamus relief. Accordingly, relator’s petition for writ of mandamus is
DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
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