In re Donald L. Boson Appeal from 347th District Court of Nueces County (memorandum opinion)
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NUMBER 13-24-00443-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG IN RE DONALD L. BOSON ON PETITION FOR WRIT OF MANDAMUS MEMORANDUM OPINION Before Justices Longoria, Tijerina, and Peña Memorandum Opinion by Justice Peña1 Relator Donald L. Boson filed a pro se petition for writ of mandamus seeking to compel the trial court to order: (1) the court reporter to provide relator with the price of a transcript of a December 10, 2018 hearing regarding the modification of bond; and (2) the See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). 1 clerk to provide relator with a docket sheet. In a criminal case, to be entitled to mandamus relief, the relator must establish both that the act sought to be compelled is a ministerial act not involving a discretionary or judicial decision and that there is no adequate remedy at law to redress the alleged harm. See In re Meza, 611 S.W.3d 383, 388 (Tex. Crim. App. 2020) (orig. proceeding); In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam); In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). If the relator fails to meet both requirements, then the petition for writ of mandamus should be denied. See State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). It is the relator’s burden to properly request and show entitlement to mandamus relief. See id.; In re Pena, 619 S.W.3d 837, 839 (Tex. App.—Houston [14th Dist.] 2021, orig. proceeding); see also Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (“Even a pro se applicant for a writ of mandamus must show himself entitled to the extraordinary relief he seeks.”). This burden includes providing a sufficient record to establish the right to mandamus relief. In re Schreck, 642 S.W.3d 925, 927 (Tex. App.—Amarillo 2022, orig. proceeding); In re Pena, 619 S.W.3d at 839; see also TEX. R. APP. P. 52.3(k)(1)(A) (delineating the required form and content for a petition in an original proceeding), 52.7(a) (providing that the relator “must file” a record including specific matters). 2 The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not met his burden to obtain mandamus relief. Accordingly, we deny the petition for writ of mandamus. L. ARON PEÑA JR. Justice Do not publish. TEX. R. APP. P. 47.2 (b). Delivered and filed on the 10th day of September, 2024. 3
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