In Re: Prince Brown--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00044-CV

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IN RE:

PRINCE BROWN

Original Mandamus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Prince Brown has filed with this Court a petition for writ of mandamus. Brown seeks to compel the trial judge for the 71st Judicial District to "[r]estrain [a]gent, or [a]gents of the State from destruction and, or, theft of Brown's property now in custody of the State and to [o]rder the review of said property to prevent the destruction and, or, sale to cover up theft, which Brown alleges has already occurred."

Brown has supplied no record from the trial court. He does attach a letter from the Harrison County District Attorney's Office, advising that a seizure case, styled State v. $1,757.05 In U.S. Currency, et al, is set for trial April 5, 2006. In the body of his petition for mandamus relief, Brown states that he has not been to trial on this matter and that he has not received notice of any rescheduling.

Brown's petition fails to comply with Texas Rule of Appellate Procedure 52.3. He supplies no table of authorities or contents; no identity of parties and counsel; no statement of the case or jurisdiction, and no record of proceedings in the trial court relevant to this petition. His failure to supply a record is fatal to this petition. One seeking mandamus relief must accompany his or her petition with an appendix, including a "certified or sworn copy of . . . [the] document showing the matter complained of." Tex. R. App. P. 52.3(j)(1)(A).

Further, Brown has not demonstrated that the trial court has been asked to do something and refused such request. Such is required of any party seeking mandamus relief. O'Connor v. First Court of Appeals, 837 S.W.2d 94, 97 (Tex. 1992).

We deny Brown's request for mandamus relief.

Donald R. Ross

Justice

Date Submitted: April 25, 2006

Date Decided: April 26, 2006