Opinion
No. 04-16-00625-CR
12-16-2016
IN RE Cornell DRUMMER
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 91CR1948A
Honorable Lorina I. Rummel, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice
Relator filed a petition for writ of mandamus seeking to compel the trial court to rule on a "Motion to Dismiss Court Appointed Appellate Counsel" that he asserts must be granted before the Texas Court of Criminal Appeals will entertain his pro se application for post-conviction habeas corpus relief under Texas Code of Criminal Procedure article 11.07. On October 12, 2016, we issued an opinion dismissing relator's petition for writ of mandamus for lack of jurisdiction. Relator has filed a motion for rehearing stating that the Court of Criminal Appeals has dismissed his habeas corpus application due to hybrid representation and that the trial court must therefore be compelled to rule on his "Motion to Dismiss Court Appointed Appellate Counsel," as requested in his mandamus petition.
The clerk of this Court has contacted the clerk of the Texas Court of Criminal Appeals to inquire about this matter. The clerk was informed that relator has filed three post-conviction applications for habeas corpus with the Court of Criminal Appeals and each was denied by postcard notice with no reason specified. There is no documentation or information before this Court to support relator's assertion that his previous applications for habeas corpus relief were denied because he still has appointed counsel. Indeed, as stated in our October 12, 2016 opinion, an attorney appointed to represent an indigent defendant on appeal only remains attorney of record until all direct appeals are exhausted. TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (West Supp. 2016). Relator exhausted his direct appeals long ago in 1993.
Accordingly, relator's motion for rehearing is DENIED.
It is so ORDERED ON December 16, 2016.
PER CURIAM
ATTESTED TO: /s/_________
Keith E. Hottle, Clerk