CourtListener 10801996•In Re Michael Anthony Mayes v. the State of Texas
In Re Michael Anthony Mayes v. the State of Texas
CourtListener 10801996Txctapp13Feb 23, 2026
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NUMBERS 13-26-00171-CR, 13-26-00172-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE MICHAEL ANTHONY MAYES
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Fonseca1
Michael Anthony Mayes filed a pro se pleading in this Court asserting that he is
entitled to jail time credit and a judgment nunc pro tunc, and he further requests an
examining trial. Because Mayes does not have a pending appeal in this Court, we liberally
construe this pleading as a petition for writ of mandamus. See generally TEX. R. APP. P.
25.2 (governing the perfection of appeal in criminal cases), R. 52 (describing the
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.4 (distinguishing opinions and memorandum opinions).
requirements for filing original proceedings); In re Castle Tex. Prod. Ltd. P’ship, 189
S.W.3d 400, 403 (Tex. App.—Tyler 2006, orig. proceeding [mand. denied]) (“The function
of the writ of mandamus is to compel action by those who by virtue of their official or
quasi-official positions are charged with a positive duty to act.”). Mayes’s complaints arise
from trial court cause number 2019-CR-8237-DC in the 24th District Court of Calhoun
County, Texas, docketed in our appellate cause number 13-26-00171-CR, and trial court
cause number 20FC-3781-A in the 28th District Court of Nueces County, Texas, docketed
in our appellate cause number 13-26-00172-CR. We address both causes in a single
memorandum opinion in the interests of judicial efficiency and economy.
In a criminal case, to be entitled to mandamus relief, the relator must establish
both that the act sought to be compelled is a ministerial act not involving a discretionary
or judicial decision and that there is no adequate remedy at law to redress the alleged
harm. See In re Meza, 611 S.W.3d 383, 388 (Tex. Crim. App. 2020) (orig. proceeding);
In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam);
In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). If the
relator fails to meet both requirements, then the petition for writ of mandamus should be
denied. See State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d
207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
It is the relator’s burden to properly request and show entitlement to mandamus
relief. See id.; In re Pena, 619 S.W.3d 837, 839 (Tex. App.—Houston [14th Dist.] 2021,
orig. proceeding). “The petition must contain a clear and concise argument for the
contentions made, with appropriate citations to authorities and to the appendix or record.”
2
TEX. R. APP. P. 52.3(i). Relator’s burden includes providing a sufficient record to establish
the right to mandamus relief. In re Schreck, 642 S.W.3d 925, 927 (Tex. App.—Amarillo
2022, orig. proceeding); In re Pena, 619 S.W.3d at 839; see generally TEX. R. APP. P.
52.3 (delineating the required form and contents of a petition in an original proceeding),
R. 52.7(a) (providing that the relator “must file” a record including specific matters).
The Court, having examined and fully considered the pleading at issue, and having
construed it as a petition for writ of mandamus, is of the opinion that Mayes has not met
his burden to obtain relief. Mayes’s petition fails to meet the requirements of the Texas
Rules of Appellate Procedure, and without argument, authority, or supporting
documentation, we cannot ascertain the merits of his requests for relief. Accordingly, we
deny the petition for writ of mandamus in each of these cause numbers.
YSMAEL D. FONSECA
Justice
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
23rd day of February, 2026.
3
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