In Re: Willie R. Golden Appeal from 401st Judicial District Court of Collin County (memorandum opinion)

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Denied and Opinion Filed November 27, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01380-CV IN RE WILLIE R. GOLDEN, Relator On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-82131-2018 MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges In this original proceeding, relator complains that the trial court has not ruled on relator’s motion to suppress evidence. To establish a right to mandamus relief in a criminal case, the relator must show that the trial court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (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. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Rules 52.3 and 52.7 require the relator to provide “a certified or sworn copy” of certain documents, including any order complained of, any other document showing the matter complained of, and every document that is material to the relator’s claim for relief that was filed in any underlying proceeding. TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Here, relator has presented none of the documents required by Rules 52.3 and 52.7. The petition alone is insufficient to establish that the motion was properly filed and timely presented and that the trial court was asked to rule but failed to do so within a reasonable time. As such, relator has not established a violation of a ministerial duty and is not entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought). /David L. Bridges/ DAVID L. BRIDGES JUSTICE 181380F.P05 –2–

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