Opinion
No. 01-03-00771-CV.
Opinion issued August 7, 2003.
Original Proceeding on Petition for Writ of Mandamus.
James T. Bogia TDC # 1124425, 1300 FM 655 Rosharon, TX 77583, for relator.
The Honorable Belinda Hill Trial Judge, 230th District Court 1302 Preston, 2nd Floor Houston, TX 77002, for respondent.
Panel consists of Justices TAFT, JENNINGS, and HANKS.
MEMORANDUM OPINION
Relator, James T. Bogia, III, requests that this Court compel respondent, the Honorable Belinda Hill, to dismiss his appointed counsel and appoint other counsel to represent him in the direct appeal of cause number 895930, pending in this Court in cause number 01-02-00950-CR. Relator complains that he is dissatisfied with his present counsel. We deny the petition.
Judge Hill is the elected judge of the 230th District Court of Harris County.
The present status of the direct appeal is that appellant's brief has been filed, and the State's brief is due.
A trial court has no duty to search for counsel agreeable to an indigent defendant. Buntion v. Harmon, 827 S.W.2d 945, 949 (Tex.Crim.App. 1992); Solis v. State, 792 S.W.2d 95, 100 (Tex.Crim.App. 1990). Therefore, because the trial court was well within the proper exercise of its discretion in denying relator's request for other counsel, mandamus is not an available remedy. See Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding).
The petition for writ of mandamus is denied.
All pending motions are denied.
It is so ORDERED.