in Re John Allen Queen ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00241-CR
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IN RE JOHN ALLEN QUEEN
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Original Proceeding
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MEMORANDUM OPINION
In a petition for writ of mandamus, John Allen Queen asks that we compel
the judge of the 411th District Court of Polk County to consider and rule on what
Queen describes as his “Motion for Police Reports and Pre-Sentence Investigation
Report.” To be entitled to mandamus relief, the relator must show that the motion
was properly filed and is before the court. State ex rel. Curry v. Gray, 726 S.W.2d
125, 128 (Tex. Crim. App. 1987). Queen provides this Court with no information
about the present status of the case and he fails to explain how the trial court has
jurisdiction to rule on a motion at this time. Therefore, he has failed to establish
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that a motion has been properly filed. See In re Smith, 366 S.W.3d 268, 270-71
(Tex. App.—Tyler 2012, orig. proceeding). We deny the petition for writ of
mandamus.
PETITION DENIED.
PER CURIAM
Submitted on June 30, 2015
Opinion Delivered July 1, 2015
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
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