Opinion issued December 5, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-01233-CV

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IN RE HOWARD EVAN FORD, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Howard Evan Ford, requests that this Court compel respondent ⁽¹⁾ to grant him deferred adjudication in cause numbers 469662, 469663, 469664, and 469665. Relator's petition states that in 1987 he was charged in four indictments with aggravated sexual assault, and that in 1988 he was sentenced to 40 years' confinement in each case.

First, relator's petition does not comply with Rule 52 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.

Second, relator has not provided this Court with a record showing that he made a request of the respondent to perform a nondiscretionary act that respondent refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding).

The petition for writ of mandamus is therefore denied.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Hedges, Keyes, and Duggan. ⁽²⁾

Do not publish. Tex. R. App. P. 47.

1.Respondent is the Honorable Joan Huffman, Judge, 183rd District Court, Harris County.

2.The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.