Opinion
No. 01-04-00705-CR
Opinion issued August 5, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK, and Justices KEYES and BLAND.
MEMORANDUM OPINION
Relator, Lester Erwin Carroll, filed a petition for writ of mandamus requesting that this Court compel respondent to appoint substitute counsel to represent him in his direct appeal of cause number 944193. This Court issued its opinion affirming the trial court's judgment on July 1, 2004. Carroll v. State, No. 01-03-00444-CR (Tex. App.-Houston [1st Dist.] July 1, 2004, no pet. h.) (designated for publication). 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. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). The trial court no longer had jurisdiction over cause number 944193 on June 18, 2004 when Carroll filed his pro se motion because the complete appellate record had been filed in this Court. See Tex.R.App.P. 25.2(g). Therefore, the trial court had no duty to rule on the motion, and certainly did not abuse its discretion by denying it. In addition, Carroll's petition does not include an appendix providing us with a record of his June 18, 2004 motion and the trial court's denial. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding); Tex.R.App.P. 52.3(j). Finally, the petition does not certify that a copy was served on respondent. See Tex.R.App.P. 9.5. The petition for writ of mandamus is denied. It is so ORDERED.
Respondent is the Honorable Mike Anderson, Judge, 262nd District Court, Harris County.