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In re Fountain

Court of Appeals of Texas, First District, Houston
Jul 26, 2007
No. 01-07-00596-CR (Tex. App. Jul. 26, 2007)

Opinion

No. 01-07-00596-CR

Opinion issued July 26, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices NUCHIA, HANKS, and BLAND.


MEMORANDUM OPINION


Relator, Robert Fountain, filed a petition for writ of mandamus requesting that this Court compel respondent to rule on his pro se motion to remove his appointed counsel and allow him to proceed without counsel after having been admonished of the dangers and disadvantages of self-representation. We deny the petition. First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, and it does not certify that a copy was served on respondent. See TEX. R. APP. P. 9.5, 52.3(j). In addition, there are three prerequisites for the issuance of a writ of mandamus by an appellate court, namely: (1) the lower court must have a legal duty to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding). Relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. 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. It is so ORDERED.


Summaries of

In re Fountain

Court of Appeals of Texas, First District, Houston
Jul 26, 2007
No. 01-07-00596-CR (Tex. App. Jul. 26, 2007)
Case details for

In re Fountain

Case Details

Full title:IN RE ROBERT FOUNTAIN, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: Jul 26, 2007

Citations

No. 01-07-00596-CR (Tex. App. Jul. 26, 2007)