## NO. 12

- 21

- 00097

- CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE: STEVEN DUANE CHANDLER , RELATOR § § § ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Steven Duane Chandler, acting pro se, filed this original proceeding to challenge Respondent ’ s failure to rule on his motion to reform the judgment to remove costs. 1 He contends
t hat Respo ndent abused h i s discretion by ordering Relato r to pay a fine, court appointed attorney ’ s fees, and restitution without first conducting a hearing to determine whether Relator ’ s financial status changed. “If a party properly files a motion with th e trial c ourt in a criminal case, the court has a ministerial duty to rule on the motion within a reasonable time after the motion has been submi tted to the court for a ruling or after the party has requested a ru ling.” I n re Gom ez , 602 S.W.3d 71, 73 (Tex. App.

— Houston [14th Dist.] 2020, orig. proceeding)

. To obtain a writ of mandamus in this context , the relat or must show that the trial court (1) had a legal duty to perform a nondiscretionary act, (2) was asked to perfo rm the a ct, and (3) failed or refused to do

so. In re Molina , 94 S.W.3d 885, 886 (Tex. App.

– San Antonio 20 03, orig. proceeding)

. A trial
court cannot be expected to consider a motion not called to its attention

. See In re Chavez , 62 S.W.3d 225, 228 (Tex. App.

–Amarillo 2001, orig. proceeding)

. It is incumbent upon the r elator to establish that the motion has been called to the trial court ’ s attention

. See id

.

1 Respondent is the Honorab le Chris B. Martin, Judge of the 2 9 4th D istrict Court in Van Zandt County, Texa s. The State of Texas is the Real Party in Interest.2 Relator ’ s motion is file ma rked January 22, 2021 , but the mere filing of the motion is insufficient to reasonably infer that Respondent had notice of the filed doc ument and of the need
to act on it. See In re Blakeney , 254 S.W.3d 659, 662 (Tex

. App.

— Texarkana 2008, orig. proceeding) ( trial court not required to consider motion not called to its attention ; even showing motion wa s filed with clerk does not pr ove motion was brought to trial court ’ s attention or was presented to trial court with r eq uest for ruling); see also Chavez , 62 S.W.3d at 228 (clerk ’ s knowledge not imputed to trial court )

. I n this case, Relator does not demonstrate a ny steps taken to ensure that the trial court was afforded or had notice of his motion

. See Chavez , 62 S.W.3d at 228 . Absent such a showing, Relator has not established a n entitlement to mandamus relief. See In re Wheeler , No. 12

- 18

- 00127

- CR, 2018 WL 2440464, at *1

- 2 (Tex. App.

— Tyler May 31, 201 8 , orig. proceeding) (mem. op., not designated for publication) (denying mandamus relief when relator failed to show that he called mot ion for DNA testing to respondent ’ s attention). Accordingly, we deny Relator ’ s petition for writ of mandamus

. All pending motions are overruled as mute. Opinion de livered July 7 , 2021. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)3 

## COURT OF APPEAL S
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT

JULY 7 , 2021
NO. 12

- 21

- 00097

- CR

STEVEN DU ANE CHANDLER , Relator V.
HON. CHRIS B. MARTIN , Respondent

O RIGINAL P ROCEEDING

ON THI S DAY came to be heard the petition for writ of mandamus filed by Steven Duane Chandler ; who is the r elator in appellate cause number 12

- 21

- 00097

- CR and the defendant in tr ial court cause numb er CR17

- 00354 , formerly pending on the docket of the 294th Judic ial District Court of Van Zandt County , Texa s. Said petition for writ of mandamus having been filed herein on July 2, 2021 , and the same having been du ly considered, be cau se it is the opinion of this Court that the writ should not issue , it is therefore C ONSIDERED, ADJUDGED and ORDERED that the sai d petition for writ of mandamus be, and the same is, hereby denied

. By per curiam op inion. Panel consisted of Worthen, C.J., Hoy le, J. and Neeley, J.