rit of Mandamus 1)enicd, Opinion issued November 8, 2012

In The Jnitrt rif Apprat Fifti! Oitrirt uf jq at Jattai No. 05-12-01454-CV

IN RE ANThONY PEACE, Relator

Original Proceeding from the 195th Judicial l)istrict Court Dallas County, Texas Trial Court Cause Iso. Fl 04 2535-Y

MEMORANDUM OPINION Before Justices Moseley, FitzGerald, and Myers Opinion by Justice Moseley Relator contends the trial court violated a ministerial duty by not ruling on his motion for judgment nunc pro tune. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Thx. R. App. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. cx ref. Hill v. Court ofAppealsfr the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus.

JIM 4OELEY 121454FP05 JUW11CE