\Vrit of Mandamus Denied, Opinion issued September 12, 2012




                                                In The
                                   <!rourt of .Appeals
                                .
                         lffifth IDistrict of Wcxas at IDallas
                                       No. 05-12-01214-CV


                      IN RE ANDREW DAVID MALONE, JR., Relator


                 Original Proceeding from the 195th Judicial District Court
                                   Dallas County, Texas
                           Trial Court Cause No. F86-95910-QN


                              MEMORANDUM OPINION
                          Before Justice Morris, Richter, and Lang-Miers
                                    Opinion by Justice Morris

       In this original mandamus proceeding, relator contends the trial court has violated a

ministerial duty by failing to rule on relator's motion for judgment nunc pro tunc seeking credit for

time relator spent in jail before he was sentenced. Based on the record before the. Court, we conclude

relator has not shown he is entitled to the relief requested. See Simon v. Levario, 306 S. W.3d 318,

320-21 (Tex. Crim. App. 2009) (orig. proceeding); State ofTex. ex rei. Hill v. Court ofAppeals for

the Fifth Dist., 34 S.W.3d 924,927-28 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we

deny relator's petition for writ of mandamus.




                                            ~6.h.-_·
                                             JOSi.MORRis
                                                           TICE
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