In re Gonzalo Ramirez, Jr.--Appeal from 111th Judicial District Court of Webb County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: May 12, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

Gonzalo Ramirez, Jr. filed a petition for writ of mandamus seeking to compel the trial court judge to rule on his motion for speedy trial. A trial judge has a duty to consider and rule on motions within a reasonable time. In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.--San Antonio 1998, orig. proceeding). To invoke this duty, however, the movant must show that he brought the motion to the trial judge's attention, and the trial judge failed or refused to rule. In re Chavez, 62 S.W.3d 225, 228 (Tex. App.--Amarillo 2001, orig. proceeding); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding). Although Ramirez attached a certified mail receipt to his petition showing that the trial court clerk received the motion, neither the mandamus petition nor the attachments show that Ramirez asked the trial judge to rule on the motion or that Ramirez otherwise brought the motion to the trial judge's attention. Merely filing the matter with the district clerk does not impute knowledge of the pleading to the trial court. In re Flores, No. 04-03-00449-CV, 2003 WL 21480964 (Tex. App.--San Antonio June 25, 2003, orig. proceeding) (not designated for publication). Accordingly, Ramirez has failed to show that he is entitled to mandamus relief, and Ramirez's petition is denied.

PER CURIAM

1. This proceeding arises out of Cause No. 2002-CRB-000198-L2, styled The State of Texas v. Gonzalo Ramirez, Jr., pending in the 111th Judicial District Court, Webb County, Texas, the Honorable Raul Vasquez presiding.