DocketNumber: 05-22-00739-CV
Filed Date: 8/2/2022
Status: Precedential
Modified Date: 8/10/2022
Denied and Opinion filed August 2, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00738-CV No. 05-22-00739-CV IN RE JOSIAH ANDREW SALINAS, Relator Original Proceeding from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F-2071443-R, M-2075253-R MEMORANDUM OPINION Before Justices Osborne, Partida-Kipness, Smith Opinion by Justice Partida-Kipness Josiah Andrew Salinas petitions for a writ of mandamus to compel the trial court to rule on his motion for DNA testing of forensic evidence. We deny relief. Relator’s petition does not comply with the rules of appellate procedure in that it is not properly certified and is not supported by a record of certified or sworn documents. See TEX. R. APP. P. 52.3(j), 52.3(k)(1)(A), 52.7(a)(1); In re Butler,270 S.W.3d 757
, 758–59 (Tex. App.—Dallas 2008, orig. proceeding); see also TEX. CIV. PRAC. & REM. CODE § 132.001 (describing process to authenticate documents as sworn copies). Thus, relator has not carried his burden to show he is 1 entitled to mandamus relief. See Butler,270 S.W.3d at 759
. Accordingly, we deny relator’s petition. See TEX. R. APP. P. 52.8(a). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 220738F.P05 2