In re Steven Edward Villnave Appeal from 147th District Court of Travis County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00569-CV In re Steven Edward Villnave ORIGINAL PROCEEDING FROM TRAVIS COUNTY MEMORANDUM OPINION Relator Steven Edward Villnave has filed a pro se petition for writ of mandamus asking this Court to compel the trial court to grant a motion for new trial and sentencing. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52.1. Villnave asserts that he filed a motion for new trial and sentencing on July 14, 2017, challenging his conviction of February 18, 1994. Based on this record, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8; see also Tex. R. App. P. 52.7(a)(1) (relator must file with petition “a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (relator bears burden of providing court with sufficient record to establish right to mandamus relief); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (“The trial court’s judicial discretion extends . . . to its decision how to rule after it considers a motion properly before it, and an appeals court may not issue a writ of mandamus to compel a trial court to rule a certain way on that motion.” (citing Womack v. Berry, 291 S.W.2d 677, 682 (1956))). __________________________________________ Cindy Olson Bourland, Justice Before Justices Puryear, Field, and Bourland Filed: August 31, 2017 2
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