In re Richard Brooks--Appeal from 379th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: June 16, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

Richard Brooks filed a petition for writ of mandamus seeking to compel the trial court judge to rule on several motions he claims he filed in the trial court. 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). Brooks has not attached the motions to his petition and has provided no evidence to show that he asked the trial judge to rule on the motions or that he otherwise brought the motions 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, Brooks has failed to show that he is entitled to mandamus relief, and his petition is denied without prejudice.

PER CURIAM

1. This proceeding arises out of Cause No. 2004-CR-2101, styled State of Texas v. Richard Brooks, pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Bert Richardson presiding.