In Re: Levon Denmark--Appeal from of County

6-96-028-CV Long Trusts v. Dowd In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00106-CV
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IN RE: LEVON DENMARK
Original Mandamus Proceeding
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Levon Denmark has filed a petition for writ of mandamus. In that petition, he asks this Court to direct a trial court to respond to his motion for DNA testing filed pursuant to Tex. Code Crim. Proc. Ann. arts. 64.03-.05 (Vernon Supp. 2003). Mandamus issues only when the mandamus record establishes (1) a clear abuse of discretion or the violation of a duty imposed by law, and (2) the absence of a clear and adequate remedy at law. Cantu v. Longoria, 878 S.W.2d 131 (Tex. 1994); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992).

This Court has recently acknowledged that a trial court must consider and rule on a motion brought to the court's attention within a reasonable amount of time. In re Cash, 99 S.W.3d 286, 288 (Tex. App.-Texarkana 2003, orig. proceeding); In re Bonds, 57 S.W.3d 456, 457 (Tex. App.-San Antonio 2001, orig. proceeding). This includes rulings on motions for DNA testing and the appointment of counsel for the purpose of pursuing DNA testing under Chapter 64 of the Texas Code of Criminal Procedure. Cash, 99 S.W.3d at 288; In re Dimas, 88 S.W.3d 349, 351 (Tex. App.-San Antonio 2002, orig. proceeding).

However, in this petition, Denmark has not provided this Court with any information identifying the court about which he complains or copies of any motion filed or any correspondence with the trial court. His petition does not even specify the date on which he claims to have filed a motion with the trial court or the contents of any such motion. Thus, Denmark has not provided the information necessary to allow this Court to rule on his petition and thus has not shown himself entitled to relief. See Tex. R. App. P. 52.3.

We deny the petition.

 

Jack Carter

Justice

 

Date Submitted: September 2, 2003

Date Decided: September 3, 2003