In Re Jose Garcia-Vaquera v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00060-CR
IN RE Jose GARCIA-VAQUERA
Original Proceeding 1
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: May 3, 2023
PETITION FOR WRIT OF MANDAMUS DENIED
On January 17, 2023, relator filed a petition for writ of mandamus. Relator also filed an
emergency motion to stay the underlying proceedings pending disposition of the petition for writ
of mandamus, which this court granted in part on January 17, 2023.
For mandamus relief in a criminal case, a relator has the burden to show the trial court
violated a ministerial duty and there is no adequate remedy at law. See State ex rel. Young v. Sixth
Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig.
proceeding). A trial court has a ministerial duty to rule on a properly filed and timely presented
motion. See id. However, a relator has the burden of providing this court with a sufficient record.
See TEX. R. APP. P. 52.7(a). A relator must provide the court of appeals with a record showing the
1
This proceeding arises out of Cause No. 13362CR, styled State of Texas v. Jose Garcia-Vaquera, pending in the
County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth presiding.
04-23-00060-CR
motion at issue was properly filed, the trial court was made aware of the motion, and the motion
has not been ruled on by the trial court for an unreasonable time period. See In re Mendoza, 131
S.W.3d 167, 167–68 (Tex. App.—San Antonio 2004, orig. proceeding); Barnes v. State, 832
S.W.2d 424, 426–27 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).
Here, the record contains a copy of relator’s motion. However, the copy of relator’s motion
is not file-stamped, and this record does not establish that the trial court was aware of relator’s
motion or that the trial court has failed to rule for an unreasonable period of time. See id. Based on
the record before us, relator has not satisfied his mandamus burden. Accordingly, the petition for
writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). The stay imposed on January 17, 2023 is
lifted.
PER CURIAM
DO NOT PUBLISH
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