In Re: Jason Lee Burrow--Appeal from 241st District Court of Smith County

NO. 12-08-00024-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: JASON LEE BURROW,

RELATOR ORIGINAL PROCEEDING

MEMORANDUM OPINION

Jason Lee Burrow was charged with burglary of a habitation on June 8, 2006 in trial court cause number 241-1364-06. In this original mandamus proceeding, Burrow alleges that the case remains pending on the trial court's docket. He alleges further that he has filed several motions for bench warrants, but has received no ruling on his motions. He seeks a writ of mandamus requiring the trial court to rule on his motions.1 We deny the writ.

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction. Tex. Gov't Code Ann. 22.221(b) (Vernon 2004). Courts of appeals have the power to compel a trial court to rule on pending motions. In re Ramirez, 994 S.W.2d 682, 684 (Tex. App. San Antonio 1998, orig. proceeding). Before mandamus may issue to require a trial court to rule on a motion, the relator must establish that the court was asked to perform the act and failed or refused to do so within a reasonable time. See Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App. San Antonio 1997, orig. proceeding). Burrow has not filed a record in this proceeding as required by Texas Rule of Appellate Procedure 52.7. Consequently, we cannot review any motions he has filed nor can we determine whether he has called the trial court's attention to the motions or requested that hearings be set to determine their merit. Therefore, Burrow has failed to show that the trial court has abused its discretion by failing to rule on the motions. See In re Villareal, 96 S.W.3d 708, 710 (Tex. App. Amarillo 2003, orig. proceeding). Accordingly, Burrow s petition for writ of mandamus is denied.

BRIAN HOYLE

Justice

Opinion delivered January 23, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

1 The respondent is the Honorable Jack Skeen, Jr., Judge of the 241st Judicial District Court, Smith County, Texas.