Sula, Joey ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,523-03
IN RE JOEY SULA, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 48,258 IN THE 400TH DISTRICT COURT
FROM FORT BEND COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file an application for a writ of mandamus pursuant
to the original jurisdiction of this Court. In it, he contends that he filed a motion for judgment nunc
pro tunc on or about May 2, 2014, and after a hearing in December 2016, the trial court has not taken
action on the motion. Relator presented his claim to the First Court of Appeals, but was denied relief.
In re Sula, No. 01-17-00117-CR (Tex. App.—Houston [1st Dist.] Apr. 20, 2017) (not designated for
publication). A trial court has a ministerial duty to rule “upon a motion that is properly and timely
presented to it for a ruling.” State ex rel. Young v. Sixth Judicial Dist., 236 S.W.3d 207, 210 (Tex.
Crim. App. 2007). Relator has alleged facts which, if true, could entitle him to mandamus relief.
2
In these circumstances, additional facts are needed. Respondent, the Judge of the 400th
District Court of Fort Bend County, shall file a response addressing whether Relator has properly
filed a motion for judgment nunc pro tunc in that court. If relator has filed such a motion, the
respondent shall address whether the motion has been ruled upon and, if the motion has not been
ruled upon, the respondent shall discuss the rationale for not taking action on the motion.
Respondent’s answer shall be submitted within 30 days of the date of this order. This application
for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted her
response.
Filed: October 18, 2017
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