NO. 12-23-00295-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: 

BILLY RAY PEGUES, 

RELATOR

§

§

§

ORIGINAL PROCEEDING

MEMORANDUM OPINION

PER CURIAM

Billy Ray Pegues, acting pro se, filed this original proceeding to complain of his bond 

amount.1

On November 20, 2023, the Clerk of this Court informed Relator that his petition fails to 

comply with appellate Rules 52.3(a)-(c), (e)-(k)(1)(C), and 52.7. See TEX. R. APP. P.

52.3 (contents of petition); TEX. R. APP. P. 52.7 (record). The notice warned that the petition 

would be referred to this Court for dismissal unless Relator provided an amended petition and 

the record on or before December 1. Relator did not file an amended petition and the record, nor 

did he otherwise respond to this Court’s notice.

Generally, a party seeking mandamus relief must bring forward all that is necessary to 

establish his claim for mandamus relief. See TEX. R. APP. P. 52. Texas Rule of Appellate 

Procedure 52.7 requires the relator to file a record as part of his petition in an original 

proceeding. TEX. R. APP. P. 52.7. Specifically, a relator must file (1) a certified or sworn copy 

of every document that is material to his claim for relief and that was filed in any underlying 

proceeding; and (2) “a properly authenticated transcript of any relevant testimony from any 

underlying proceeding, including any exhibits offered in evidence, or a statement that no 

testimony was adduced in connection with the matter complained.” TEX. R. APP. P. 52.7(a). It is 

1 Respondent is the Honorable Robert K. Inselmann, Jr., Judge of the 217th District Court in Angelina 

County, Texas. The State of Texas is the Real Party in Interest.
2

a relator’s burden to provide this court with a record sufficient to establish the right to 

extraordinary relief. See In re Daisy, No. 12-13-00266-CR, 2014 WL 5577068, at *2 (Tex. 

App.–Tyler Aug. 29, 2014, orig. proceeding) (mem. op., not designated for publication). 

In this case, Relator did not provide a record in accordance with Rule 52.7. Absent a

record, we cannot determine whether Relator is entitled to mandamus relief. See In re 

McCreary, No. 12-15-00067-CR, 2015 WL 1395783 (Tex. App.–Tyler Mar. 25, 2015, orig. 

proceeding) (per curiam) (mem. op., not designated for publication). Accordingly, we deny 

Relator’s petition for writ of mandamus.

Opinion delivered December 14, 2023.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)
3 

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT 

DECEMBER 14, 2023 

NO. 12-23-00295-CR

BILLY RAY PEGUES, 

Relator

V.

HON. JUDGE ROBERT K. INSELMANN JR., 

Respondent 

ORIGINAL PROCEEDING

 ON THIS DAY came to be heard the petition for writ of mandamus filed by Billy 

Ray Pegues; who is the relator in appellate cause number 12-23-00295-CR and the defendant in 

trial court cause number 2019-0706, pending on the docket of the 217th Judicial District Court of 

Angelina County, Texas. Said petition for writ of mandamus having been filed herein on 

November 20, 2023, and the same having been duly considered, because it is the opinion of this 

Court that the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED 

that the said petition for writ of mandamus be, and the same is, hereby denied. 

By per curiam opinion. 

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.