## NO. 12

- 23

- 00295

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

IN RE:

BILLY RAY PEGUES ,
R

ELATOR § § § ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Billy Ray Pegues, acting pro se , filed this original proceeding t o 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 T EX

. R. A PP

. P. 52.3 (contents of petition); T EX

. R. A PP

. P. 52

. 7 (record)

. The notice warned that the petition would be referred to this Court for dismissal u nless Re lator provided an amended petition and the record on or before December 1

. Relator did not file an amended petition and t he record, no r did he otherwise respond to this Court ’ s not ice. Generally, a party seeking mandamus relief must bring forward all that is necessary to establish his claim for mandamus relief. See T EX

. R. A PP

. P. 52. Texas Rul e of Appellate Procedure 52

. 7 requires the relator to file a record as part of his petition in an o riginal proceeding. T EX

. R. A PP

. P. 52

. 7

. Specifically, a relator must file (1) a certified or sworn copy of every docu ment that is material to his claim for relief and that was filed in any underlying proceeding; and (2) “a properly authenticate d transcr ipt of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement tha t no testimony was adduced in connection with the matter complained.” T EX

. R. A PP

. P. 52

. 7 ( a )

. It is

1 Respondent is the H o norable Robert K. Inselmann, Jr. , Ju dge of the 217th District Court in An ge lina 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. Se e In re Daisy , No. 12

- 13

- 00266

- CR, 2014 WL 5577068, at *2 (Tex. Ap p.

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

. In this case, Relator did not pr ovide a record in accordance with Rule 52

. 7

. Absent a record, we cannot determine whether Rela t or is en titled to mandamus relief. See In re McCreary , No. 12

- 15

- 00067

- CR, 2015 WL 1395783 (Tex. App.

– T yler Mar. 25, 2015, orig. proceeding) (per curiam) (mem. op., not designated f or publication)

. Accordingly, we deny Re l ator ’ s p etition f or writ of mandamus.
Opinion delivered December 1 4 , 2023. Panel consisted of Worthen, C.J., Hoyle, J., and Neel ey, J.

(DO NOT PUBLISH)3 

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

DE CEMBER 1 4, 2023
NO. 12-23-00295- CR

BILLY RAY PEGUES , Relator V.
HON. JUDGE ROBERT K. INSELMANN JR. , Respondent

O RIGINA L P ROC EEDING ON THIS DAY came to be heard the petition for writ of mandamus filed by Billy Ray Pegues ; who is the relator in a ppellate cause number 12 -23-00295- CR and the defendant in trial court cause number 2019-0706, pending on the docket of the 217th Judic ial District Court of Angelina County , Texas. Said petition for writ of mandamus having been filed herein on November 20 , 2023 , a nd the same havin g been duly considered, because it is the opinion of this Court that the writ should not issue , it is t herefo re CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied

.

By pe r curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.