Opinion

in Re Travis Dayne Begelton

Court
Texas Court of Appeals, 1st District (Houston)
Filed
May 19, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued May 19, 2011

In The

Court of

Appeals

For The

First District

of Texas

————————————

NOS. 01-11-00330-CV

01-11-00337-CV

01-11-00338-CV

01-11-00339-CV

———————————

IN RE TRAVIS

DAYNE BEGELTON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Travis Wayle Begelton, filed in this Court pro se petitions

for writs of mandamus asking that we order respondent [1]

to 1) rule on relator’s Application for Writ of Habeas Corpus; and 2) vacate relator’s

juvenile sentence pursuant to Tex. Fam.

Code Ann. § 58.003(g)(5). We deny the petitions for writs of mandamus.

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).

Relator has not provided us with a record that shows he filed

any motions or otherwise requested relief from respondent, nor has he included

a certified or sworn copy of any orders complained of or any other documents

showing the matters complained of. See Tex.

R. App. P . 52.3(k)(1)(A).

Therefore, the petitions for writs of mandamus are denied .

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Sharp and Brown.

[1]

Respondent is the Honorable Pat

Sheldon, 313th Family District Court, Harris County, Texas.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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