                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                                _________________

                                NO. 09-13-00205-CR
                                _________________

                         IN RE ANDREW PENDLETON

__________________________________________________________________

                         Original Proceeding
__________________________________________________________________

                           MEMORANDUM OPINION

      Relator Andrew Pendleton filed a petition for writ of mandamus with this

Court. In the petition, relator asks this Court to compel the trial court to rule on

relator’s motion for a speedy trial.

      It is the relator’s burden to provide this Court with a record sufficient to

establish his right to relief. Tex. R. App. P. 52.3(k), 52.7(a); see also generally

State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987) (op. on

reh’g) (“[C]onsideration of a motion properly filed and before the court is

ministerial.”). The copy of the speedy trial motion relator provided to this Court

lacks the district clerk’s file mark and does not contain a certificate of service. The


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record before this Court is insufficient to establish that the motion was properly

filed and that the trial court was requested to rule on it. Relator has not

demonstrated that he is entitled to mandamus relief. See State ex. rel. Hill v. Court

of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). The

petition for writ of mandamus is denied.

      PETITION DENIED.

                                                          PER CURIAM


Opinion Delivered June 26, 2013

Before Gaultney, Kreger, and Horton, JJ.




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