In re Paul M. Wright--Appeal from 186th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00581-CV

IN RE Paul M. WRIGHT

Original Mandamus Proceeding //

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 31, 2005

PETITION FOR WRIT OF MANDAMUS DENIED

Paul M. Wright seeks mandamus relief from the trial court s alleged delay in acting on the remand of Wright s cause after this court reversed the trial court s judgment in appeal number 04-03-00395-CR. This court s mandate in appeal number 04-03-00395-CR was issued on July 26, 2005, and was executed on August 1, 2005. A mandate is the appellate court s official notice advising the trial court of the appellate court s action. Universe Life Ins. Co. v. Giles, 982 S.W.2d 488, 491 (Tex. App. Texarkana 1998, pet. denied). Prior to its receipt of this court s mandate, the trial court had no official notice of any need to act on the remand of Wright s cause. See Tex. R. App. P. 51.2 (requiring appellate court s judgment to be enforced when trial court receives the mandate). Accordingly, Wright has failed to present a sufficient record to establish that the trial court failed to consider and rule upon a pending motion or matter within a reasonable time. See In re Mendoza, 131 S.W.3d 167, 167-68 (Tex. App. San Antonio 2004, orig. proceeding). Wright s petition for writ of mandamus is denied.

PER CURIAM