in Re Stephen Wayne Richardson

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00397-CR
IN RE Stephen Wayne RICHARDSON
Original Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: July 20, 2022
PETITION FOR WRIT OF MANDAMUS DENIED
On June 23, 2022, relator Stephen Wayne Richardson filed a pro se petition for writ of
mandamus asserting the trial court failed to rule on a motion.
To establish a right to mandamus relief in a criminal case, relator must show the trial court
violated a ministerial duty and there is no adequate remedy at law. See In re State ex rel. Weeks,
391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). A trial court has a ministerial
duty to rule on a properly filed and timely presented motion. See In re State ex rel. Young v. Sixth
Judicial Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
However, a relator has the burden of providing this court with a record sufficient to establish his
right to mandamus relief. See TEX. R. APP. P. 52.7(a)(1) (requiring relator to file “a certified or
1
This proceeding arises out of Cause No. 2010-CR-10629, styled State of Texas vs. Stephen Richardson, pending in
the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.
04-22-00397-CR
sworn copy of every document that is material to the relator’s claim for relief and that was filed in
any underlying proceeding”). A relator must provide the court of appeals with a record showing
the motion at issue was properly filed, the trial court was made aware of the motion, and the motion
has not been ruled on by the trial court for an unreasonable time period. See In re Mendoza, 131
S.W.3d 167, 167-68 (Tex. App.—San Antonio 2004, orig. proceeding).
Here, Richardson did not provide this court with a record indicating he filed a motion, that
the trial court was made aware of any motion, or that he had been waiting for a ruling for an
unreasonable time. See id. Based on the lack of a record before us, Richardson has not shown
himself entitled to mandamus relief. Accordingly, the petition for writ of mandamus is denied.
PER CURIAM
Do not publish
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