Opinion
10-22-00434-CV
05-17-2023
ALLAN LATOI STORY, Appellant v. THE STATE OF TEXAS, Appellee
From the 19th District Court McLennan County, Texas Trial Court No. 2011-2499-C2
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ORDER
PER CURIAM
In this matter, Allan Latoi Story is appealing from the trial court's November 9, 2022 order denying his petition for writ of mandamus.
On March 22, 2023, we received a letter, dated March 15, 2023, from Story. Story asserts in the letter that he has received a copy of the clerk's record in this appeal but that it contains "no fact findings and conclusion of law, and there is no state's response." Story requests that we order those documents to be produced. Story also requests a copy of the order assigning Senior Judge Ralph Strother to hear his petition for writ of mandamus.
The letter does not contain proper proof of service. To expedite this matter, we implement Rule of Appellate Procedure 2 to suspend Rule of Appellate Procedure 9.5's proof-of-service requirement for the document. See Tex. R. App. P. 2, 9.5. The letter has been posted to the Court's website so that the State may have access to it.
Similarly, on April 10, 2023, Story filed with this Court a "Motion for Correct Clerk's Record." In the motion, Story identifies several documents that he believes have been omitted from the clerk's record in this appeal and requests that the clerk's record be corrected.
On January 7, 2019, Story filed a petition for writ of mandamus in the trial court, requesting that the trial court order the McLennan County District Attorney to provide him certain documents and records. On January 9, 2019, the McLennan County District Attorney filed a response, arguing that the trial court should dismiss Story's petition for writ of mandamus for lack of jurisdiction or, in the alternative, deny the petition. On January 11, 2019, the trial court signed an order dismissing Story's petition for writ of mandamus. The trial court stated in the order that it found that it had no jurisdiction to consider Story's petition.
On January 22, 2019, Story filed a notice of appeal, in which he stated that he was appealing from the trial court's January 11, 2019 order dismissing his petition for writ of mandamus. On September 7, 2022, this Court reversed the trial court's January 11, 2019 order, holding that the trial court had jurisdiction to review Story's mandamus petition and erred in dismissing it for lack of jurisdiction. Story v. State, 654 S.W.3d 234, 238 (Tex. App.-Waco 2022, no pet.). The case was accordingly remanded to the trial court for further proceedings consistent with this Court's opinion. Id.
On November 9, 2022, the trial court signed an order denying Story's petition for writ of mandamus. The order states, "On consideration of the merits of the Petition and the State's response thereto, the relief sought by Petition is hereby DENIED." Story subsequently filed his notice of appeal from the trial court's November 9, 2022 order.
The clerk's record was filed in this appeal on March 8, 2023. It does appear to be missing some relevant items. Accordingly, Story's "Motion for Correct Clerk's Record" is granted in part. The trial court clerk is ORDERED to prepare, certify, and file in this Court a supplemental clerk's record containing the following items:
• the petition for writ of mandamus filed by Story on January 7, 2019;
• the response filed by the McLennan County District Attorney on January 9, 2019;
• the order signed by the trial court on January 11, 2019, dismissing Story's petition for writ of mandamus;
• the notice of appeal filed by Story on January 22, 2019, in which he stated that he was appealing from the trial court's order dismissing his petition for writ of mandamus;
• the trial court's findings of fact and conclusions of law regarding its November 9, 2022 order denying Story's petition for writ of mandamus, if any; and
• the order assigning Senior Judge Ralph Strother to hear Story's petition for writ of mandamus.
The trial court clerk is ORDERED to file the supplemental clerk's record containing the omitted items within 21 days of the date of this Order.