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Legate v. State

Court of Appeals of Texas, Fourth District, San Antonio

January 15, 2014

James LEGATE, Appellant
v.
THE STATE OF TEXAS, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 1998CR6480 Honorable Melisa Skinner, Judge Presiding

CATHERINE STONE CHIEF JUSTICE KAREN ANGELINI SANDEE BRYAN MARION MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JUSTICES.

ORDER

Karen Angelini, Justice.

On August 11, 1999, James Legate was sentenced to ninety-nine years imprisonment. On January 7, 2014, he filed a notice of appeal. In his notice of appeal, Legate states that on September 15, 2013, he filed a Motion for the Release of Clerk's Record. He complains that the trial court has failed to rule on his motion. A complaint about the failure of a trial court to rule on a motion cannot be brought on direct appeal, but should instead be brought in a mandamus proceeding. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.-Amarillo 2001, orig. proceeding); In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.-San Antonio 1998, orig. proceeding). We therefore ORDER appellant to show ...


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