in Re Michael Davis

PD-1429-15
CAUSE NOS. 14-15-O0875-«3*,.14-15-G0876-CR S 14-15-00877-CR
IN RE MICHAEL DAVIS, § IN THE FOURTEENTH COURT OF APPEALS
Relator §
FILED IN
VS. AT 14th COURT OF APPEALS
HONORABLE JUDGE OF THE 228TH § OCT 26 2015
DISTRICT COURT,
§ HOUSTON/ TEJJASCHRISTOPHER A. PR1NE
Respondent CLERK
NOTICE OP APPEAL
TO THE HONORABLE COURT:
Relator pro se Michael Davis, hereby files this his Notice of
pursuant to the Texas Rules of Appellate Procedure.
Relator's Application for Writ of Mandamus has been denied by this Court.
Relator hereby appeals to the Texas Court of Criminal Appeals at Austin.
Relator respectfully requests the record be forwarded to the Clerk of the
Texas Court of Criminal Appeals. Relator further requests a suspension of
the Rules because he is not an attorney and also in the interest of justice..
RECEIVED IN Respectfully sufcmitts
COURT OF CRIMINAL APPEALS
NOV-09 2015
Michael Davis #93§Hf73 ^T ^"r*^
Relator pro se g[ ^ Jjg&g
Abel Acosta, Allred Unit-2101*FM 36a^or$§p?
Iowa Park, TX 76367-6658 £*
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this instrument has been
nailed by first class U.S. Mail, postage prepaid, to the following on this the
£LfH °f a<&Qpl&} 2015:
Clerk
Fourteenth Court of Appeals
301 Fannin, Suite 245
Houston, TX 77002
/vJ.l^-—-
Michael Davis
Davos
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Petition for Writ of Mandamus Denied and Memorandum Opinion filed
October 27, 2015.
In The
iffmtrteimtif Cmtrt of Appeals
NOS. 14-15-00875-CR, 14-15-00876-
CR, and 14-15-00877-CR
IN RE MICHAEL DAVIS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
228th District Court
Harris County, Texas
Trial Court Cause No. 331288, 331289 & 331549
MEMORANDUM OPINION
On October 14, 2015, relator Michael Davis filed a petition for writ of
mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also
Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable
Marc Carter, presiding judge of the 228th District Court of Harris County, to rule
on his "Movant's Motion for Access to the Plea Bargain."
"A party's right to mandamus relief generally requires a predicate request
for some action and a refusal of that request." In re Perritt, 992 S.W.2d 444, 446
(Tex. 1999) (orig. proceeding). In particular, the relator must show that the motion
was filed and that he presented it to the trial court for a ruling. See In re Clewis,
14-10-00086-CV, 2010 WL 547087, at *1 n.3 (Tex. App.—Houston [14th Dist]
Feb. 18, 2010, orig. proceeding). Additionally, as the party seeking relief, the
relator has the burden of providing this court with a sufficient record to establish
his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992); 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").
Relator attached to his petition his "Movant's Motion for Access to the Plea
Bargain" addressed to the trial court, dated September 21, 2015. But, there is no
file stamp or any other evidence in the record that the motion was actually filed
and presented to the trial court. The record does not show that relator requested a
ruling on the motion. Because relator has not provided an adequate record showing
that he is entitled to the relief he seeks, we deny relator's petition for writ of
mandamus.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Christopher and Donovan.
Do Not Publish — Tex. R. App. P. 47.2(b).