In re Bernard Kirk Barnes--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00057-CV
IN RE Bernard Kirk BARNES
Original Mandamus Proceeding
Arising from the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-1834
Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: January 29, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied. Relator is seeking a ruling on a reduction in bail pending appeal, but this court issued an opinion and judgment affirming relator's conviction on January 22, 2003. See Barnes v. State, No. 04-02-00356-CR, 2003 WL 141056 (Tex. App.--San Antonio Jan. 22, 2003, no pet. h.). In addition, Barnes did not provide this court with a sufficient record from which we could determine whether the trial court had a ministerial duty to rule on Barnes's application for reduction in bail pending appeal. See Tex. R. App. P. 52.7; see also Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.--San Antonio 1997, orig. proceeding) (granting mandamus relief where record showed trial court had ministerial duty to rule). Accordingly, relator's petition for writ of mandamus is denied.

PER CURIAM

PUBLISH