Derrick Lynn Johnson v. The State of Texas Appeal from 204th Judicial District Court of Dallas County (memorandum opinion )

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Denied and Opinion Filed September 27, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01094-CV IN RE DERRICK LYNN JOHNSON, Relator Original Proceeding from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F-1655027 MEMORANDUM OPINION Before Justices Bridges, Myers, and Whitehill Opinion by Justice Myers Before the Court is relator’s September 15, 2016 petition for writ of mandamus in which relator asks us to order the trial court to rule on his motion for article 39.14 discovery, and to appoint counsel and grant a personal recognizance bond. The petition is not certified as required by rule 52.3(j) and does not include a supporting record or appendix as required by rules 52.3(k) and 52.7. TEX. R. APP. P. 52.3(j), 52.3(k), 52.7. The absence of a supporting record is fatal to the petition. As the party seeking relief, the relator has the burden of providing the Court with a sufficient record to establish his right to mandamus relief. See, e.g., In re Jones, No. 05-1600230-CV, 2016 WL 836835 (Tex. App.—Dallas March 4, 2016, orig. proceeding) (mem. op.). 1 Relator has not done so in this case. Accordingly, we DENY the petition for writ of mandamus. /s/ Lana Myers LANA MYERS JUSTICE 161094F.P05 2

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