In Re: Lee Arthur Wynn Appeal from Criminal District Court No. 1 of Dallas County (memorandum opinion)

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Denied and Opinion Filed July 16, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00776-CV IN RE LEE ARTHUR WYNN, Relator Original Proceeding from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F12-24938H MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Stoddart Before the Court is relator’s July 6, 2018 petition for writ of mandamus in which he seeks a writ directing the trial court to hold a hearing on a nunc pro tunc motion purportedly filed by relator. A trial court has a ministerial duty to rule upon a properly filed and timely presented motion. State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987) (orig. proceeding). To establish entitlement to mandamus relief for a trial court’s refusal to act, the relator must establish that the trial court had a legal duty to perform a ministerial act, relator made demand for performance, and the court refused to perform. Stoner v. Massey, 586 S.W.2d 843, 846 (Tex. 1979) (orig. proceeding); In re Molina, 94 S.W.3d 885, 886 (Tex. App.—San Antonio 2003, orig. proceeding). As the party seeking relief, the relator has the burden of providing the Court with a sufficient mandamus record to establish his right to mandamus relief. Lizcano v. Chatham, 416 S.W.3d 862, 863 (Tex. Crim. App. 2011) (orig. proceeding) (Alcala, J. concurring); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has not met these requirements and is not entitled to mandamus relief. The mandamus record before us does not include a certified or sworn copy of the trial court’s docket sheet or other proof that establishes relator filed the complained-of motions, relator requested either a hearing or a ruling, and the trial court has failed to rule on relator’s motions. See TEX. R. APP. P. 52.3(k)(1)(a), 52.7(a). Accordingly, we deny relator’s petition for writ of mandamus. /Craig Stoddart/ CRAIG STODDART JUSTICE 180776F.P05 –2–

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