In Re: Muamar Asad Sayyed v. the State of Texas ( 2024 )

DENIED and Opinion Filed July 31, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00719-CV
IN RE MUAMAR ASAD SAYYED, Relator
Original Proceeding from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-82405-07
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Breedlove
Opinion by Justice Breedlove
In his June 13, 2024 petition for writ of mandamus, relator seeks, at least, to
compel the trial court to rule on and grant his April 26, 2019 “Motion to Vacate the
Void Order to Amend the Indictment Nunc Pro Tunc.”
Upon review, relator’s petition does not meet the requirements of the Texas
Rules of Appellate Procedure for consideration of mandamus relief. See In re
Backusy, No. 05-23-00674-CV, 2023 WL 4540278, at *1 (Tex. App.—Dallas July
14, 2023, orig. proceeding) (mem. op.); see also TEX. R. APP. P. 52.3(c), 52.3(d),
52.3(g), 52.3(i), 52.3(j), 52.3(k)(1)(A), 52.7(a)(1), 52.7(a)(2). For example, relator
failed to certify that he has reviewed the petition and concluded that every factual
statement in the petition is supported by competent evidence included in the
appendix or record, as required by rule 52.3(j). See TEX. R. APP. P. 52.3(j); In re
Stewart, No. 05-19-01338-CV, 2020 WL 401764, at *1 (Tex. App.—Dallas Jan. 24,
2020, orig. proceeding) (mem. op.) (explaining that our precedent requires
“exceptionally strict compliance” with rule 52.3(j)). Additionally, the documents
included in the appendix and record are not properly certified or sworn copies. See
TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1); In re Leonard, No. 05-23-00546-CV, 2023
WL 3944376, at *1 (Tex. App.—Dallas June 12, 2023, orig. proceeding) (mem. op.)
(explaining how to obtain properly certified or sworn copies).
Accordingly, we deny the petition for writ of mandamus.
/Maricela Breedlove/
MARICELA BREEDLOVE
240719F.P05 JUSTICE
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