Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 02-19-2021
Case Style:
In re Larry Tijerina
Case Number: 06-20-00128-CR
Judge: Scott E. Stevens
Court: Court of Appeals
Sixth Appellate District of Texas at Texarkana
Plaintiff's Attorney:
Defendant's Attorney:
OR
Just Call 855-853-4800 for Free Help Finding a Lawyer Help You.
Description:
Texarkana, TX - Criminal defense attorney represented Larry Tijerina with a charge.
Larry Tijerina petitioned for a writ of mandamus asking this Court to compel the trial
judge of the 8th Judicial District Court of Hopkins County, Texas, to provide “access to judicial
records pertaining to criminal convictions” against Tijerina. Because Tijerina failed to provide
this Court with a record to support his entitlement to mandamus relief, we deny his petition for a
writ of mandamus.
To be entitled to mandamus relief, the relator must show that (1) he has no adequate
remedy at law and (2) the action he seeks to compel is ministerial, not one involving a
discretionary or judicial decision. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at
Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). The relator is
obligated to provide this Court with a record sufficient to establish his right to mandamus relief.
Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); In re Pilgrim’s Pride
Corp., 187 S.W.3d 197, 198–99 (Tex. App.—Texarkana 2006, orig. proceeding); see TEX. R.
APP. P. 52.3. Before mandamus may issue, the relator must show that the trial court had a legal
duty to perform a ministerial act, was asked to do so, and failed or refused to act. In re
Villarreal, 96 S.W.3d 708, 710 (Tex. App.—Amarillo 2003, orig. proceeding); see also In re
Blakeney, 254 S.W.3d 659, 662 (Tex. App.—Texarkana 2008, orig. proceeding) (“Showing that
a motion was filed with the court clerk does not constitute proof that the motion was brought to
the trial court’s attention or presented to the trial court with a request for a ruling.”).
3
Tijerina alleges that the trial court abused its discretion by denying his mandamus
petition seeking access to records of three convictions.1 That said, Tijerina submitted nothing to
this Court showing any proof that he brought this matter to the attention of the trial court, as is
required. See Blakeney, 254 S.W.3d at 662. Tijerina also failed to provide a certified copy of
the petition he claims to have filed with the trial court.
2
We therefore cannot determine whether
this matter was presented to the trial court.
It is the relator’s burden to provide this Court with a sufficient record to establish the
right to mandamus relief. See TEX. R. APP. P. 52.3(k)(1)(A), 52.7(a)(1). Here, the record is
inadequate to grant mandamus relief.
Outcome: For these reasons, we deny Tijerina’s petition for a writ of mandamus.
Plaintiff's Experts:
Defendant's Experts:
Comments: