In re Daniel Sanchez--Appeal from 81st Judicial District Court of Atascosa County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: September 15, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

Daniel Sanchez ("Sanchez") seeks a writ of mandamus to require the respondent, the presiding judge of the 218th Judicial District Court, Atascosa County, Texas to make a ruling on his motion to dismiss counsel, motion for designation of records on appeal, and motion for a free reporter's record on appeal. Sanchez filed these motions after his attorney delayed in filing his notice of appeal.

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). 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). In this case, Sanchez has failed to provide proof of the date on which he filed the motions or evidence that he has brought the motions to the trial judge's attention. Accordingly, Sanchez has failed to show that he is entitled to mandamus relief, and Sanchez's petition is denied without prejudice.

In his petition, Sanchez states that he was convicted of four offenses and sentenced on December 9, 2003; however, his notice of appeal was not filed until April 29, 2004. Based on the information Sanchez provided, our clerk's office contacted the trial court clerk because no records have been filed in relation to Sanchez's appeals. In response, the trial court clerk filed a notification of late record, requesting additional time to file the records. The appeals have been assigned the following numbers: 04-04-00602-CR; 04-04-00603-CR; 04-04-00604-CR & 04-04-00605-CR. The trial court clerk's request for an extension of time was granted, and the records are due to be filed in this court no later than September 3, 2004.

PER CURIAM

1. This proceeding arises out of Cause Nos. 03-03-086-CRA; 03-03-088-CRA; 03-03-089-CRA & 03-05-153-CRA, styled The State of Texas v. Daniel Sanchez, tried in the 218th Judicial District Court, Atascosa County, Texas, the Honorable Stella Saxon presiding.