In Re Martin Cuellar v. the State of Texas ( 2024 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00125-CV
In re Martin Cuellar
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
Relator Martin Cuellar, an inmate in the Comal County Jail, has filed
an ambiguously captioned pro se appellate submission with this Court entitled
“Abuse-of-Discretion Review,” complaining of a restitution order entered pursuant to a plea
agreement in cause number CR2023-753B and of ineffective assistance of counsel. Having
reviewed the filing, we treat the submission as a petition for writ of mandamus and deny the
petition. See Tex. R. App. P. 52.8(a).
The petition does not make clear the precise nature of the relief sought nor the
person or persons to whom the requested writs should issue. To the extent Cuellar seeks relief
that is within this Court’s jurisdiction to grant, it is relator’s burden to properly request and show
entitlement to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); In re
Davidson, 153 S.W.3d 490, 491 (Tex. App.—Amarillo 2004, orig. proceeding); see also Barnes
v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (per
curiam) (“Even a pro se applicant for a writ of mandamus must show himself entitled to the
extraordinary relief he seeks”). In this regard, the relator must provide the reviewing court with
a record sufficient to establish his right to mandamus relief. See Walker, 827 S.W.2d at 837;
In re Blakeney, 254 S.W.3d 659, 661–62 (Tex. App.—Texarkana 2008, orig. proceeding); see
also Tex. R. App. P. 52.7(a)(1) (relator must file with petition “a certified or sworn copy of every
document that is material to the relator’s claim for relief and that was filed in any underlying
proceeding”), 52.7(a) (specifying required contents for record), 52.3(k) (specifying required
contents for appendix).
Based on his failure to provide any record, we conclude that Cuellar has failed to
show an entitlement to relief. Accordingly, we deny the petition for writ of mandamus and
dismiss the pending motion as moot. See Tex. R. App. P. 52.8(a).
__________________________________________
Edward Smith, Justice
Before Chief Justice Byrne, Justices Smith and Theofanis
Filed: March 19, 2024
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