In Re Alejandro Morales Morales v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00349-CR
IN RE Alejandro Morales MORALES
Original Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Luz Elena D. Chapa, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: May 3, 2023
PETITION FOR WRIT OF MANDAMUS DENIED
On April 13, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion
for stay of the underlying proceeding pending final resolution of the petition for writ of mandamus.
Relator’s mandamus petition argues the trial court has failed to rule on his application for
writ of habeas corpus and his motion to urge. 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)(1). A relator must provide the court of appeals
1
This proceeding arises out of Cause No. 13969CR, styled State of Texas v. Alejandro Morales Morales, pending in
the County Court, Kinney County, Texas, the Honorable Susan D. Reed presiding.
04-23-00349-CR
with a record showing the motion at issue was properly filed, the trial court was made aware of
the motion, and the trial court has refused to rule on the motion or that the trial court has not ruled
on the motion for an unreasonable time period. See In re Mendoza, 131 S.W.3d 167, 167-68 (Tex.
App.—San Antonio 2004, orig. proceeding); In re Hearn, 137 S.W.3d 681, 685 (Tex. App.—San
Antonio 2004, orig. proceeding) (“After these prerequisites are met, we have jurisdiction to direct
the trial court to consider and rule on pending matters; however, we may not tell the trial court
what ruling it should make.”).
Here, relator did not provide this court with a sufficient record showing that he has a clear
right to the mandamus relief sought. See Young, 236 S.W.3d at 210. Accordingly, the petition for
writ of mandamus is denied without prejudice. See TEX. R. APP. P. 52.8(a). Relator’s motion for
stay is denied as moot.
PER CURIAM
DO NOT PUBLISH
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