James Legate v. The State of TexasAppeal from 290th Judicial District Court of Bexar County (memorandum opinion per curiam)
Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00020-CR James LEGATE, Appellant v. The STATE of The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 1998CR6480 Honorable Melisa Skinner, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: February 12, 2014 DISMISSED On August 11, 1999, James Legate was sentenced to ninety-nine years imprisonment. On January 7, 2014, he filed a notice of appeal. In his notice of appeal, Legate states that on September 15, 2013, he filed a Motion for the Release of Clerk s Record. He complains that the trial court has failed to rule on his motion. A complaint about the failure of a trial court to rule on a motion cannot be brought on direct appeal, but should instead be brought in a mandamus proceeding. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App. Amarillo 2001, orig. proceeding); In re Ramirez, 994 S.W.2d 682, 683 (Tex. App. San Antonio 1998, orig. proceeding). We therefore ordered 04-14-00020-CR appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has filed a response to our order that stating he is voluntarily dismissing [his] notice of appeal. See TEX. R. APP. P. 42.2. We dismiss this appeal. PER CURIAM Do not publish -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
