In re Frank Alton Miller III--Appeal from 183rd District Court of Harris County
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Opinion issued September 29, 2011.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-11-00657-CR
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IN RE FRANK ALTON MILLER III, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
By petition for writ of mandamus, relator, Frank Alton Miller III, seeks
mandamus relief compelling the trial court to provide him with the police report in
his case.1
1
Relator has identified the underlying case as Cause No. 1138732 in the 183rd District
Court of Harris County, Texas.
A writ of mandamus will issue to correct a clear abuse of discretion or the
violation of a duty imposed by law when there is no adequate remedy at law.
Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig.
proceeding).
If the respondent trial court has a legal duty to perform a
nondiscretionary act, the relator must make a demand for performance that the
respondent refuses. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston
[1st Dist.] 1992, orig. proceeding). The relator must also provide this Court with a
sufficient record to establish his right to mandamus relief. Walker v. Packer, 827
S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).
Relator has not provided us with a record that shows he filed any motions or
otherwise requested relief from respondent, nor has he included a certified or
sworn copy of any order complained of or any other document showing the matter
complained of. See TEX. R. APP. P. 52.3(k)(1)(A).
Therefore, the petition for writ of mandamus is denied.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Sharp and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
2
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