Derrick Lynn Johnson ( 2016 )


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  • Denied and Opinion Filed October 21, 2016
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-16-01188-CV
    IN RE DERRICK LYNN JOHNSON, Relator
    Original Proceeding from the 204th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F-1655027
    MEMORANDUM OPINION
    Before Justices Francis, Fillmore, and Stoddart
    Opinion by Justice Francis
    Before the Court is relator’s October 10, 2016 petition for writ of mandamus asking us to
    order the trial court to rule on his motion for article 39.14 discovery and grant a personal
    recognizance bond. The petition is not certified as required by rule 52.3(j) and does not include
    a supporting record or appendix as required by rules 52.3(k) and 52.7. TEX. R. APP. P. 52.3(j),
    52.3(k), 52.7. The absence of a supporting record is fatal to the petition. As the party seeking
    relief, relator has the burden of providing the Court with a sufficient record to establish his right
    to mandamus relief. See, e.g., In re Jones, No. 05-16-00230-CV, 
    2016 WL 836835
    (Tex.
    App.—Dallas March 4, 2016, orig. proceeding) (mem. op.). Relator has not done so in this case.
    1
    Accordingly, we DENY the petition for writ of mandamus.
    /Molly Francis/
    MOLLY FRANCIS
    JUSTICE
    161188F.P05
    2
    

Document Info

Docket Number: 05-16-01188-CV

Filed Date: 10/21/2016

Precedential Status: Precedential

Modified Date: 10/27/2016