In Re Wylmon Boudreaux v. the State of Texas ( 2023 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May
23, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00206-CR
IN RE WYLMON BOUDREAUX, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
232nd District Court
Harris County, Texas
Trial Court Cause No. 738839
MEMORANDUM OPINION
On March 29, 2023, relator Wylmon Boudreaux filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In the petition, relator asks this court to compel the Honorable Josh Hill,
presiding judge of the 232nd District Court of Harris County, to deliver the judgment
in relator’s conviction for capital murder to the Texas Department of Criminal
Justice (“TDCJ”).
To be entitled to mandamus relief, a relator must show (1) that the relator has
no adequate remedy at law for obtaining the relief the relator seeks; and (2) what the
relator seeks to compel involves a ministerial act rather than a discretionary act. In
re Powell, 516 S.W.3d 488, 494–95 (Tex. Crim. App. 2017) (orig. proceeding). A
trial court has a ministerial duty to consider and rule on motions properly filed and
pending before it, and mandamus may issue to compel the trial court to act. In re
Henry, 525 S.W.3d 381, 382 (Tex. App.—Houston [14th Dist.] 2017, orig.
proceeding). A relator must establish that the trial court (1) had a legal duty to rule
on the motion; (2) was asked to rule on the motion; and (3) failed or refused to rule
on the motion within a reasonable time. Id. As the party seeking mandamus relief,
relator has the burden of providing this court with a sufficient record to establish his
right to mandamus relief. See In re Ramos, 598 S.W.3d 472, 473 (Tex. App.—
Houston [14th Dist.] 2020, orig. proceeding).
The Texas Rules of Appellate Procedure require relator to file with his 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.” See Tex. R. App. P.
52.7(a)(1). Relator claims that he has asked the trial court to have the judgment
delivered to the TDCJ. However, relator has not filed a record with his petition. In
the absence of a motion requesting the trial court to deliver his judgment to the TDCJ
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or documents showing he asked the trial court to consider his motion, relator cannot
show his entitlement to a writ of mandamus.
Relator has not established that he is entitled to mandamus relief.
Accordingly, we deny relator’s petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Wise, Zimmerer, and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).
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