In Re: Richard Lee Cortez v. the State of Texas ( 2023 )

DENIED and Opinion Filed September 7, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00864-CV
No. 05-23-00865-CV
IN RE RICHARD LEE CORTEZ, Relator
Original Proceeding from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F17-33286-T, F17-33287-T
MEMORANDUM OPINION
Before Justices Partida-Kipness, Carlyle, and Garcia
Opinion by Justice Garcia
In his petitions for writ of mandamus, relator asks us to compel the trial court
to rule on a motion for new trial that he claims he filed on April 10, 2023.
To establish a right to mandamus relief in a criminal case, the relator must
show that the trial court violated a ministerial duty and there is no adequate remedy
at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.
proceeding). When the requested relief is to compel a trial court to rule on a motion,
relator must show (1) the trial court had a legal duty to rule on the motion, (2) relator
requested a ruling, and (3) the trial court failed or refused to do so within a reasonable
time. See In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas 2017, orig. proceeding)
(mem. op.). It is relator’s burden to provide a record sufficient to establish his right
to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig.
proceeding); see also TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1).
Relator’s petitions do not comply with the Texas Rules of Appellate
Procedure in numerous respects. See, e.g., TEX. R. APP. P. 52.3(a)–(h), 52.3(j)–(k),
52.7(a). For instance, a petition seeking mandamus relief must include a certification
stating that the relator “has reviewed the petition and concluded that every factual
statement in the petition is supported by competent evidence included in the
appendix or record.” TEX. R. APP. P. 52.3(j). Relator failed to certify his petitions.
Additionally, Rule 52.3(k)(1)(A) requires a relator to file an appendix with his
petition that contains “a certified or sworn copy of any order complained of, or any
other document showing the matter complained of.” TEX. R. APP. P. 52.3(k)(1)(A).
Rule 52.7(a)(1) requires the relator to file with his petition “a certified or sworn copy
of every document that is material to the relator’s claim for relief that was filed in
any underlying proceeding.” TEX. R. APP. P. 52.7(a)(1). Relator failed to include
with his petitions any documents material to his claim for relief.
Accordingly, we deny relator’s petitions for writ of mandamus.
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
230864F.P05
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