Narrative Opinion Summary
In this case, the relator, Richard Manzano, sought a writ of mandamus from the Fourth Court of Appeals, asserting that the trial court had not properly credited his time served in jail. The appellate panel, including Chief Justice Catherine Stone and Justices Karen Angelini and Marialyn Barnard, highlighted that under the Texas Rules of Appellate Procedure, specifically rules 52.3(k)(1) and 52.7(a), the responsibility lies with the petitioner to produce a comprehensive record substantiating the request for mandamus relief. Manzano failed to meet this evidentiary requirement. Consequently, the court denied the petition pursuant to TEX. R. APP. P. 52.8(a). The case, originating from the 437th Judicial District Court of Bexar County, Texas, under Cause No. 2011CR2076, involved the State of Texas as the opposing party. The order denying mandamus relief was signed by Chief Justice Stone and formally attested by Clerk of Court Keith E. Hottle on May 1, 2013. The court indicated that its detailed opinion would be forthcoming at a later date.
Legal Issues Addressed
Burden of Proof for Mandamus Reliefsubscribe to see similar legal issues
Application: The petitioner must provide a sufficient record to establish entitlement to mandamus relief.
Reasoning: The burden is on Manzano to present a sufficient record to establish his right to mandamus relief, as outlined in Texas Rules of Appellate Procedure (TEX. R. APP. P.) 52.3(k)(1) and 52.7(a).
Denial of Petition for Writ of Mandamussubscribe to see similar legal issues
Application: Without a sufficient record, the court is compelled to deny the petition for writ of mandamus.
Reasoning: Manzano did not provide the necessary record to support his claims. As a result, his petition was denied in accordance with TEX. R. APP. P. 52.8(a).