\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.

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