CourtListener 9998937•In Re: Leonard McKeith Hill v. the State of Texas
In Re: Leonard McKeith Hill v. the State of Texas
CourtListener 9998937Txctapp5Jul 5, 2024
Full text
DENIED and Opinion Filed July 5, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00577-CV
No. 05-24-00580-CV
No. 05-24-00581-CV
IN RE LEONARD MCKEITH HILL, Relator
Original Proceedings from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause Nos. F-2154278, F-2159441, F-2253217
MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Reichek
In his May 14, 2024 petition for writ of mandamus, relator contends that the
trial court failed to give him jail-time credit on his sentence when the sentence was
imposed pursuant to article 42.03 of the Texas Code of Criminal Procedure and that
the trial court has since failed or refused to correct the judgment to reflect the
appropriate credit despite relator’s multiple nunc pro tunc motions raising the issue.
Mandamus relief is generally available to address such a failure. See Ex parte
Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004) (orig. proceeding) (per
curiam). However, we are unable to consider whether it would be appropriate here
because relator failed to provide competent evidence supporting his contentions and
his petition otherwise does not meet the requirements of the Texas Rules of
Appellate Procedure for consideration of mandamus relief. See In re Backusy,
No. 05-23-00674-CV, 2023 WL 4540278, at *1 (Tex. App.—Dallas July 14, 2023,
orig. proceeding) (mem. op.); see also TEX. R. APP. P. 52.3(a)–(h), 52.3(j),
52.3(k)(1)(A), 52.7(a)(1), 52.7(a)(2).
For example, relator failed to file with his petition an appendix or record
containing certified or sworn copies of the documents showing the matter
complained of and any other documents material to his claim for relief, such as the
judgment and relator’s nunc pro tunc motions. See TEX. R. APP. P. 52.3(k)(1)(A),
52.7(a)(1); In re Skinner, No. 05-23-00930-CV, 2023 WL 6618295, at *1 (Tex.
App.—Dallas Oct. 11, 2023, orig. proceeding) (mem. op.) (explaining that it is
relator’s burden to provide the Court with a sufficient record to show entitlement to
mandamus relief). Additionally, relator omitted the rule 52.3(j) certification required
for consideration of mandamus relief. See TEX. R. APP. P. 52.3(j); In re Stewart, No.
05-19-01338-CV, 2020 WL 401764, at *1 (Tex. App.—Dallas Jan. 24, 2020, orig.
proceeding) (mem. op.) (explaining that our precedent requires “exceptionally strict
compliance” with rule 52.3(j)).
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Accordingly, we deny the petition for writ of mandamus.
/Amanda L. Reichek/
AMANDA L. REICHEK
240577F.P05 JUSTICE
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