In re Vanessa Morales--Appeal from 379th Judicial District Court of Bexar County

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: May 7, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

In this original proceeding, relator Vanessa Morales asks that we order the presiding judge of the 379th District Court to hold a hearing and rule on her application for bond pending appeal. For the following reasons, we deny the requested relief without prejudice.

Mandamus issues only to correct a clear abuse of discretion or a violation of a duty imposed by law when there is no other adequate remedy at law. See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). A trial court is required to consider and rule upon a motion within a reasonable time. In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.-San Antonio 1998, orig. proceeding). The movant must show that the matter was brought to the attention of the trial court and the trial court refused to rule. Barnes v. State, 832 S.W.2d 424, 426-27 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding).

Morales says she filed an application for writ of habeas corpus in the trial court but she does not say when the application was filed nor does she attach a copy of the pleading she says she filed. She does not indicate that she requested a setting for a hearing or otherwise brought the application to the attention of the trial court nor does she attach copies of any correspondence or requests sent to the trial court. Therefore, Morales has not shown she is entitled to relief. See Tex. R. App. P. 52.3(j); In re Ramirez, 994 S.W.2d at 683; Barnes v. State, 832 S.W.2d at 426-27. (2)

Accordingly, we deny the petition for writ of mandamus without prejudice to refiling with the proper documentation. PER CURIAM

1. This proceeding appears to arise out of Cause No. 2003-CR-0057- W, styled State of Texas v. Vanessa Morales, appealed from the 379th Judicial District Court, Bexar County, Texas, the Honorable Bert Richardson, presiding. Morales did not provide the trial court cause number with her petition.

2. Additionally, Morales has filed a motion to voluntarily dismiss her appeal which, if granted, will moot her request for bail pending appeal.