in Re James Martin Lane ( 2006 )

Opinion issued August 17, 2006

    In The

Court of Appeals

For The  

First District of Texas

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NO. 01-06-00662-CR

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IN RE JAMES MARTIN LANE, Relator  

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

          Relator, James Martin Lane, has filed in this Court a pro se petition for writ of mandamus asking that we order respondent to appoint him an attorney and to provide him with a transcription of his trial records in cause number 1002477. We deny the petition.

          A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). If the respondent trial court has a legal duty to perform a nondiscretionary act, the relator must make a demand for performance that the respondent refuses. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). The relator must also provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).

          Relator has not provided us with a record that shows he filed any motions, requested relief from respondent, or served the respondent. See Tex. R. App. P. 52.3(j).

          We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).