Opinion
No. 05-12-01302-CV
10-02-2012
IN RE TIMOTHY SCOTT HARRIMAN, Relator
Writ of Mandamus Denied,
Original Proceeding from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause No. F94-01553-ML
MEMORANDUM OPINION
Before Justices Morris, Richter, and Lang-Miers
Opinion by Justice Lang-Miers
Relator contends this Court violated a ministerial duty by either not filing or not forwarding a motion for extension of time to file a petition for discretionary review in the Court of Criminal Appeals, and that his attorney provided ineffective assistance of counsel. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.
ELIZABETH LANG-MIERS
JUSTICE