                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-15-00241-CR
                           ____________________



                         IN RE JOHN ALLEN QUEEN


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                               Original Proceeding
________________________________________________________            _____________

                          MEMORANDUM OPINION

      In a petition for writ of mandamus, John Allen Queen asks that we compel

the judge of the 411th District Court of Polk County to consider and rule on what

Queen describes as his “Motion for Police Reports and Pre-Sentence Investigation

Report.” To be entitled to mandamus relief, the relator must show that the motion

was properly filed and is before the court. State ex rel. Curry v. Gray, 726 S.W.2d

125, 128 (Tex. Crim. App. 1987). Queen provides this Court with no information

about the present status of the case and he fails to explain how the trial court has

jurisdiction to rule on a motion at this time. Therefore, he has failed to establish

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that a motion has been properly filed. See In re Smith, 366 S.W.3d 268, 270-71

(Tex. App.—Tyler 2012, orig. proceeding). We deny the petition for writ of

mandamus.

      PETITION DENIED.



                                                          PER CURIAM


Submitted on June 30, 2015
Opinion Delivered July 1, 2015
Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.




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