Court of Civil Appeals of Texas, 2013

in Re Johnny MacK Brown

in Re Johnny MacK Brown
Court of Civil Appeals of Texas · Decided February 26, 2013

in Re Johnny MacK Brown

Opinion

Opinion issued February 26, 2013

In The Court of Appeals For The First District of Texas

NO. 01-12-00914-CR

IN RE JOHNNY MACK BROWN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION By petition for writ of mandamus, relator, Johnny Mack Brown, seeks mandamus relief from the trial court’s July 6, 2012 order denying his request for a judgment nunc pro tunc to correct the jail time credit.

Appellant’s petition does not contain certified or sworn copies of the documents constituting the record as required by TEX. R. APP. P. 52.7(a)(1).

Similarly, the petition is not verified, as required by TEX. R. APP. P. 52.3(j), nor does it include a copy of the motion for nunc pro tunc or evidence presented to the trial court.

For these reasons, we DENY the petition for writ of mandamus without prejudice to refiling. We express no opinion as to the merits of appellant’s claim that he is due additional jail time credit.

PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle.

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