in Re Eustorgio Guzman Resendez ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00490-CR
IN RE Eustorgio Guzman RESENDEZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Irene Rios, Justice
Delivered and Filed: August 15, 2018
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed a petition for writ of mandamus complaining the trial court denied his request
for assistance of counsel in relation to his motion for forensic DNA testing.
To establish a right to mandamus relief in a criminal case, the relator must show the trial
court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel. Weeks,
391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). A trial court has a ministerial
duty to rule on a properly-filed and timely-presented motion. See In re State ex rel. Young v. Sixth
Judicial Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
However, a relator has the burden of providing this court with a record sufficient to
establish his right to mandamus relief. See TEX. R. APP. P. 52.7(a)(1) (requiring relator to file “a
1
This proceeding arises out of Cause No. 91CR43, styled The State of Texas v. Eustorgio Guzman Resendez, pending
in the 229th Judicial District Court, Starr County, Texas, the Honorable Ana Lisa Garza presiding.
04-18-00490-CR
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”). Here, relator contends his motion “was heard and
denied” on August 18, 2016. However, relator did not provide this court with a copy of an order
or any document showing the trial court’s ruling. See TEX. R. APP. P. 52.3(k)(1)(A) (“The
appendix must contain: (A) a certified or sworn copy of any order complained of, or any other
document showing the matter complained of . . .”). 2
Because relator did not provide this court with a record sufficient to establish his right to
mandamus relief, the petition for writ of mandamus is denied.
PER CURIAM
Do not publish
2
We also note relator filed an appeal with this court raising the same complaint. See appellate cause number 04-18-
00316-CR. The clerk’s record in that appeal also does not contain any order from the trial court. The trial court
docket sheet filed in that appeal indicates a telephonic hearing was conducted on August 8, 2016, and the “court gave
[defendants] 7 days to file briefs/caselaw. Court to review case.”
-2-