in Re: Tommy Ray King ( 2022 )


Menu:
  • Denied and Opinion Filed October 12, 2022
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-22-01051-CV
    IN RE TOMMY RAY KING, Relator
    Original Proceeding from the 265th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F12-55339-R
    MEMORANDUM OPINION
    Before Justices Osborne, Partida-Kipness, and Smith
    Opinion by Justice Partida-Kipness
    Relator Tommy Ray King seeks a writ of mandamus to compel the trial court
    to rule on relator’s motion to appoint counsel. To be entitled to mandamus relief in
    a criminal case, relator must show (1) he has no adequate remedy at law, and (2)
    what he seeks to compel is a ministerial act. In re State ex rel. Weeks, 
    391 S.W.3d 117
    , 122 (Tex. Crim. App. 2013) (orig. proceeding). Relator bears the burden to
    provide the Court with a sufficient record to establish his right to relief. Walker v.
    Packer, 
    827 S.W.2d 833
    , 837 (Tex. 1992) (orig. proceeding).
    Relator has not provided this Court with a record establishing his right to
    relief, and his petition does not comply with several of the requirements set out in
    Texas Rule of Appellate Procedure 52. See TEX. R. APP. P. 52.3, 52.7. Accordingly,
    we deny the petition.
    /Robbie Partida-Kipness/
    ROBBIE PARTIDA-KIPNESS
    JUSTICE
    221051F.P05
    –2–
    

Document Info

Docket Number: 05-22-01051-CV

Filed Date: 10/12/2022

Precedential Status: Precedential

Modified Date: 10/19/2022