in Re Christopher Belle ( 2006 )

Opinion issued August 3, 2006

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-06-00362-CR

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IN RE CHRISTOPHER BELLE, Relator  

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

          Relator, Christopher Belle, filed in this Court a pro se petition for writ of mandamus asking that we order respondent to rule on his application for writ of habeas corpus requesting an appeal bond. We deny the petition.

           This Court will issue a writ of mandamus 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). The relator must 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).

          Relator has not provided this Court with a sufficient record in support of his petition. The Rules of Appellate Procedure provide that relator must file with the 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.” Tex. R. App. P. 52.7(a)(1). In addition, relator’s petition does not show that respondent clearly abused its discretion or violated a legal duty.

          Finally, relator’s petition filed in this Court does not meet the requirements of the Texas Rules of Appellate Procedure because it does not certify that a copy was served on respondent. See Tex. R. App. P. 9.5.

          The petition for writ of mandamus is denied.  

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.

Do not publish.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