In Re: John Cloud v. Appeal from 195th Judicial District Court of Dallas County (memorandum opinion )
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Petition for Writ of Mandamus is DENIED; Opinion Filed March 19, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00192-CV No. 05-13-00193-CV IN RE JOHN CLOUD, Relator On Appeal from the 195th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F93-61603 and F93-61604 MEMORANDUM OPINION Before Justices Moseley, Francis, and Fillmore Opinion by Justice Moseley The Court has before it an appellant s brief and a petition for judicial notice. Because no notice of appeal was filed in this Court or in the trial court, there is no appeal pending for which this brief may be filed. Under the circumstances, we will treat the brief as a petition for writ of mandamus. However, relator had an adequate remedy at law via the appeal he did not file. See TEX. CODE CRIM. PROC. ANN. art. 64.05 (West 2006). Therefore, based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding). We therefore DENY relator s petition for writ of mandamus and petition for judicial notice. /Jim Moseley/ 130192F.P05 JIM MOSELEY JUSTICE
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