Opinion
No. 01-10-00087-CR
Opinion issued March 10, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices JENNINGS, KEYES and MASSENGALE.
MEMORANDUM OPINION
Relator, Artemio Reyes, requests that this Court compel respondent to dismiss his court-appointed counsel and appoint other counsel to represent him in cause number 1221435, pending in the 185th District Court. Relator complains that he is dissatisfied with his present counsel. We deny the petition. A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. State ex rel Young v. Sixth Judicial Dist., Court of Appeals at Texarkana, 236 S.W.3d 207 (Tex. Crim. App. 2007) (orig. proceeding); Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). If the respondent trial court has a legal duty to perform a nondiscretionary act, the relator must make a demand for performance that the respondent refuses. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding). The relator must also provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has not provided us with a record that identifies an adverse ruling by the trial court or that demonstrates that the trial court has refused a request for performance. See TEX. R. APP. P. 52.3(k) (1) (A) (appendix must include a certified or sworn copy of any order complained of or any other document showing the matter complained of). Therefore, the petition for writ of mandamus is denied.
The Honorable Susan Brown, judge of the 185th District Court of Harris County, Texas. The underlying lawsuit is The State of Texas v. Artemio Reyes, No. 1221435 (185th Dist. Ct., Harris County, Tex.).