In Re: Arthur Glen BrownAppeal from 349th District Court of Houston County (memorandum opinion per curiam)
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NO. 12-13-00156-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN RE: § ARTHUR GLEN BROWN, § RELATOR § ORIGINAL PROCEEDING MEMORANDUM OPINION PER CURIAM Relator Arthur Glen Brown seeks a writ of mandamus requiring the trial court to grant his motion for a judgment nunc pro tunc related to presentence jail time credit. In an original proceeding, the relator is required to file an appendix as part of his petition and also a record. See TEX. R. APP. P. 52.3(k), 52.7. The appendix must contain (1) a certified or sworn copy of any order complained of, or any other document showing the matter complained of, and (2) unless voluminous or impracticable, the text of any rule, regulation, ordinance, statute, constitutional provision, or other law (excluding case law) on which the argument is based. TEX. R. APP. P. 52.3(k)(1)(A), (C). The record must contain (1) 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 and (2) a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained of. TEX. R. APP. P. 52.7. Here, Relator did not provide an appendix or a record. Consequently, we are unable to evaluable his request for mandamus relief. Accordingly, Relator's petition for writ of mandamus is denied. All pending motions are overruled as moot. Opinion delivered May 31, 2013. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MAY 31, 2013 NO. 12-13-00156-CR ARTHUR GLEN BROWN, Relator v. HON. PAM FOSTER FLETCHER, Respondent ORIGINAL PROCEEDING ON THIS DAY came to be heard the petition for writ of mandamus filed by ARTHUR GLEN BROWN, who is the relator in Cause No.14-996-CR, pending on the docket of the 349th Judicial District Court of Houston County, Texas. Said petition for writ of mandamus having been filed herein on May 13, 2013, and the same having been duly considered, because it is the opinion of this Court that a writ of mandamus should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby DENIED. By per curiam opinion. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
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