From Casetext: Smarter Legal Research

In re Barnes

Court of Appeals of Texas, Fourth District, San Antonio
Jan 29, 2003
No. 04-03-00057-CV (Tex. App. Jan. 29, 2003)

Opinion

No. 04-03-00057-CV.

Delivered and Filed: January 29, 2003.

Original Mandamus Proceeding, Arising from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-1834, Honorable Philip A. Kazen, Jr., Judge Presiding.

PETITION FOR WRIT OF MANDAMUS DENIED.

Sitting: Alma L. LOPEZ, Chief Justice, Catherine STONE, Justice, Paul W. GREEN, Justice.


MEMORANDUM OPINION.


The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied. Relator is seeking a ruling on a reduction in bail pending appeal, but this court issued an opinion and judgment affirming relator's conviction on January 22, 2003. See Barnes v. State, No. 04-02-00356-CR, 2003 WL 141056 (Tex.App.-San Antonio Jan. 22, 2003, no pet. h.). In addition, Barnes did not provide this court with a sufficient record from which we could determine whether the trial court had a ministerial duty to rule on Barnes's application for reduction in bail pending appeal. See Tex.R.App.P. 52.7; see also Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.-San Antonio 1997, orig. proceeding) (granting mandamus relief where record showed trial court had ministerial duty to rule). Accordingly, relator's petition for writ of mandamus is denied.


Summaries of

In re Barnes

Court of Appeals of Texas, Fourth District, San Antonio
Jan 29, 2003
No. 04-03-00057-CV (Tex. App. Jan. 29, 2003)
Case details for

In re Barnes

Case Details

Full title:IN RE Bernard Kirk BARNES

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jan 29, 2003

Citations

No. 04-03-00057-CV (Tex. App. Jan. 29, 2003)