In re Jason Bonebrake v.--Appeal from 187th Judicial District Court of Bexar County

Download as PDF
Loading PDF...
i i i i i i MEMORANDUM OPINION No. 04-10-00210-CR IN RE Jason BONEBRAKE Original Mandamus Proceeding1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: March 31, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On March 5, 2010, relator Jason Bonebrake filed a petition for writ of mandamus, seeking relief from this court regarding jail time credit.2 However, relator has the burden of providing this court with a record sufficient to establish a right to relief. See TEX . R. APP . P. 52.7(a) (“Relator must file with the petition [ ] a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding”); see also TEX . R. APP . P. 52.3(k)(1)(A). Here, relator has not provided this court with a copy of any documents to support his … T his proceeding arises out of Cause No. 2009-CR-10450, styled S tate of Texas v. Jason Bonebrake , in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding. … R elator seeks relief from this court in the form of a petition for writ of habeas corpus and/or petition for writ of mandamus. T his court has no original habeas corpus jurisdiction. W atson v. State , 96 S.W .3d 497, 500 (Tex. App.— Amarillo 2002, pet. ref’d); D odson v. State , 988 S.W .2d 833, 835 (Tex. App.— San Antonio 1999, no pet.). Based on the relief relator seeks, we construe the petition as a petition for writ of mandamus. 2 1 0 4-10-00210-CR claim for relief from this court. Based on the foregoing, we conclude that relator has not shown himself entitled to relief. Accordingly, the petition for writ of mandamus is denied. TEX . R. APP . P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-