In Re: Rocky Coronado v. the State of Texas

DENIED and Opinion Filed July 26, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00654-CV
IN RE ROCKY CORONADO, Relator
Original Proceeding from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-1400535
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Breedlove
Opinion by Justice Goldstein
In his July 3, 2023 petition for writ of mandamus, relator seeks relief from the
trial court’s failure to file and rule on a separate petition for writ of mandamus
seeking to compel the district clerk to accept one or more documents presented for
filing.
To establish a right to mandamus relief in a criminal case, the relator must
show that the trial court violated a ministerial duty and there is no adequate remedy
at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig.
proceeding). To obtain mandamus relief compelling the trial court to rule on a
motion, a relator must show (1) the trial court had a legal duty to rule on the motion,
(2) the relator requested a ruling, and (3) the trial court failed or refused to do so
within a reasonable time. In re Prado, 522 S.W.3d 1, 2 (Tex. App.—Dallas 2017,
orig. proceeding) (mem. op.). It is relator’s burden to provide a record sufficient to
establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.
1992) (orig. proceeding).
Relator’s petition does not comply with the Texas Rules of Appellate
Procedure in numerous respects. See, e.g., TEX. R. APP. P. 52.3(a)–(k), 52.7(a). For
instance, a petition seeking mandamus relief must include a certification stating that
the relator “has reviewed the petition and concluded that every factual statement in
the petition is supported by competent evidence included in the appendix or
record.” TEX. R. APP. P. 52.3(j). Relator failed to certify his petition.
Additionally, Rule 52.3(k)(1)(A) requires a relator to file an appendix with his
petition that contains “a certified or sworn copy of any order complained of, or any
other document showing the matter complained of.” TEX. R. APP. P. 52.3(k)(1)(A).
Rule 52.7(a)(1) requires the relator to file with his petition “a certified or sworn copy
of every document that is material to the relator’s claim for relief that was filed in
any underlying proceeding.” TEX. R. APP. P. 52.7(a)(1). Relator failed to include
with his petition any documents material to his claim for relief.
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Accordingly, we deny relator’s petition for writ of mandamus.
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
230654F.P05
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