Opinion
No. 10-04-053-CR.
Opinion delivered and filed March 3, 2004. DO NOT PUBLISH.
Original Proceeding. Writ denied.
Vaughn Birdwell, Pro Se, Gatesville, TX, for Appellant/Relator. John W. Segrest, McLennan County Dist. Atty., Waco, TX, for Appellee/Respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
OPINION
Vaughn Birdwell asks this Court to issue a writ of mandamus against Respondent, the Honorable George Allen, Judge of the 54th District Court of McLennan County, for Respondent's apparent failure to rule on Birdwell's motion requesting clarification of whether Respondent had ruled on a motion filed by Birdwell's counsel in the underlying proceeding to withdraw from representing Birdwell. Instead of ruling on this motion, Respondent denied Birdwell's motion for postconviction DNA testing on its merits. Birdwell can appeal this decision and complain on appeal of the issue regarding his representation at trial. E.g., Clark v. State, 84 S.W.3d 313, 314 (Tex. App.-Beaumont 2002, pet. ref'd). Because he has an adequate remedy by appeal, we deny the petition. See State ex rel. Rosenthal v. Poe, 98 S.W.3d 194, 198 (Tex.Crim.App. 2003).