in Re Kenneth Scott ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00444-CR
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IN RE KENNETH SCOTT
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Original Proceeding
Criminal District Court of Jefferson County, Texas
Trial Cause Nos. 08-04332, 08-04334, 08-04484
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MEMORANDUM OPINION
Relator Kenneth Scott seeks a writ of mandamus requiring the trial court to
grant him additional jail time credit. Scott alleges that he filed a motion to correct
the amount of jail time credited to him, but the trial court has not ruled on his
motion.
Mandamus may issue to compel a trial court to rule on a motion that has
been pending before the court for a reasonable period of time. See In re Hearn, 137
S.W.3d 681, 685 (Tex. App.—San Antonio 2004, orig. proceeding). However, to
obtain mandamus relief for the trial court’s failure to rule on such a motion, a
relator must establish that (1) the motion was properly filed and has been pending
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for a reasonable time, (2) relator requested a ruling on the motion, and (3) the trial
court refused to rule. In re Sarkissian, 243 S.W.3d 860, 861 (Tex. App.—Waco
2008, orig. proceeding). Merely filing a motion with the trial court clerk does not
constitute a request that the trial court rule on the motion. Id. A relator must
provide a record establishing that his motion has awaited disposition for an
unreasonable time. In re Mendoza, 131 S.W.3d 167, 168 (Tex. App.—San Antonio
2004, orig. proceeding); see also Tex. R. App. P. 52.7(a)(1) (Relator must file with
the petition a certified or sworn copy of every document that is material to his
claim for relief and that was filed in any underlying proceeding.).
Scott did not provide a copy of the motion, and he does not provide
documentation of what efforts he made to obtain a ruling from the trial court on the
motion. In addition, Scott does not provide documents supporting his alleged
entitlement to additional jail-time credit. See In re Sarkissian, 243 S.W.3d at 861;
In re Mendoza, 131 S.W.3d at 168; see also Tex. R. App. P. 52.7(a)(1). Therefore,
Scott has failed to establish that he is entitled to mandamus relief. Accordingly, we
deny the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on November 17, 2015
Opinion Delivered November 18, 2015
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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