IN THE

TENTH COURT OF APPEALS

No. 10-19-00014-CR

IN RE JERRY RANGEL

Original Proceeding

O P I N I O N

In this original proceeding,1 Relator Jerry Rangel seeks mandamus relief in the 

form of compelling the Respondent trial judge to rule on Rangel’s motion for postconviction DNA testing under Code of Criminal Procedure Chapter 64.2

 We requested a 

 

1 Rangel's petition for writ of mandamus has several procedural deficiencies. It does not include the 

certification required by Rule of Appellate Procedure 52.3(j). See TEX. R. APP. P. 52.3(j). The appendix, 

which apparently serves as Rangel's record, is not certified or sworn to, as required by Rules 52.3(k) and 

52.7(a)(1). See id. 52.3(k), 52.7(a)(1). The petition also lacks proof of service on the Respondent trial judge. 

See id. 9.5, 52.2. Because of our disposition and to expedite it, we will implement Rule 2 and suspend these 

rules. Id. 2.

2 We affirmed Rangel’s aggravated sexual assault conviction in 2009. Rangel v. State, No. 10-07-00247-CR, 

2009 WL 540780 (Tex. App.—Waco Mar. 4, 2009, pet. ref’d) (mem. op., not designated for publication). 
In re Rangel Page 2

response to Relator’s petition, which the State has now filed. Having reviewed Relator’s 

petition and the State’s response, we deny Realtor’s petition.

“A court with mandamus authority ‘will grant mandamus relief if relator can 

demonstrate that the act sought to be compelled is purely ‘ministerial’ and that relator 

has no other adequate legal remedy.’” In re Piper, 105 S.W.3d 107, 109 (Tex. App.—Waco 

2003, orig. proceeding) (quoting State ex rel. Rosenthal v. Poe, 98 S.W.3d 194, 197–99 (Tex.

Crim. App. 2003) (orig. proceeding)). Consideration of a motion properly filed and before 

the court is ministerial. State ex rel. Hill v. Ct. of Apps. for the 5th Dist., 34 S.W.3d 924, 927 

(Tex. Crim. App. 2001) (orig. proceeding). A trial judge has a reasonable time to perform 

the ministerial duty of considering and ruling on a motion properly filed and before the 

judge. In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, orig. proceeding). But 

that duty generally does not arise until the movant has brought the motion to the trial 

judge's attention, and mandamus will not lie unless the movant makes such a showing 

and the trial judge then fails or refuses to rule within a reasonable time. See id.

Rangel bears the burden of providing this Court with a sufficient record to 

establish his right to mandamus relief. See In re Mullins, 10–09–00143–CV, 2009 WL 

2959716, at *1, n. 1 (Tex. App.—Waco Sept. 16, 2009, orig. proceeding) (mem. op.); In re 

Blakeney, 254 S.W.3d 659, 661 (Tex. App.—Texarkana 2008, orig. proceeding). There is no 

record showing that Rangel has brought his petition to the attention of the trial judge and 

that the trial judge has then failed or refused to rule within a reasonable time. In its 
In re Rangel Page 3

response to Rangel’s petition, the State provides exhibits that reflect that the petition was 

forwarded to the Court of Criminal Appeals the date it was received. Accordingly, we 

deny the petition for writ of mandamus.

REX D. DAVIS

Justice

Before Chief Justice Gray,*

Justice Davis, and 

Justice Neill

*(Chief Justice Gray concurring)

Petition denied

Publish

Opinion delivered and filed March 13, 2019

[OT06]