In re Antonio Hernandez--Appeal from 248th District Court of Harris County

Opinion issued August 2, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00568-CR

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IN RE ANTONIO HERNANDEZ, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On July 6, 2007, relator Antonio Hernandez, filed a motion for leave to file an application for writ of mandamus. Relator also filed a petition for writ of mandamus requesting that this Court make a finding that he is entitled to additional pre-trial jail time credit in trial court cause number 776439. We deny both the motion for leave and the petition for writ of mandamus.

The relator must provided this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has not provided this Court with a sufficient record in support of his petition. The Rules of Appellate Procedure provide that relator must file with the 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." Tex. R. App. P. 52.7(a)(1). None of the documents attached to relator's petition as exhibits are certified or sworn copies.

We review pro se applications with less stringent standards than formal pleadings drafted by lawyers. However, even a pro se applicant for a writ of mandamus must show himself entitled to relief requested. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding).

We, therefore, deny the petition for leave to file and the petition writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Higley.

Do not publish.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