Myhand, Darrell ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-72,736-05
IN RE DARRELL MYHAND, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. FR-63241 IN THE 264TH DISTRICT COURT
FROM BELL COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file an application for a writ of mandamus under this
Court’s original jurisdiction. He contends that he filed a motion for judgment nunc pro tunc in the
trial court on February 27, 2018, but that the trial court has not ruled on the motion.
A trial court has a ministerial duty to rule upon a properly filed and timely presented motion
but generally has no ministerial duty to rule a certain way on the motion. State ex rel. Young v. Sixth
Jud. Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007).
Respondent, the Judge of the 264th District Court, shall within thirty days from the date of
this order respond as to whether Relator’s motion for judgment nunc pro tunc has been filed in that
court, and if so, whether the trial court has ruled on the motion. This motion for leave to file will
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be held until Respondent has complied with this order.
Filed: December 16, 2020
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