in Re Glen D. Howard

Opinion issued July 8, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00457-CR

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in re Glen D. Howard, Relator

Original Proceeding on Petition for Writ of Mandamus

CONCURRING OPINION

          I concur in the denial of the writ of mandamus in this case, but write to set forth the analysis as to why denial is appropriate.

          Relator’s petition for writ of mandamus is procedurally defective.  Texas Rule of Appellate Procedure 9.5 requires that a copy of all documents presented to the Court be served on all parties to the proceeding.  See Tex. R. App. P. 9.5(a).  Relator has not served his petition on the trial judge who is the respondent in this mandamus proceeding.  Relator has also failed to provide the Court with a copy of the motion for speedy trial which is the basis for his petition, but the rules require him to do so.  See Tex. R. App. P. 52.7(a)(1) (“Relator must file with the petition: (1) a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in the underlying proceeding.”). 

          For these reasons, I join the majority in denying relator’s petition for writ of mandamus.         

Jim Sharp

                                                                   Justice

Justice Sharp, concurring.

Do not publish.   Tex. R. App. P. 47.2(b).