Opinion
No. 05-11-01371-CV No. 05-11-01372-CV No. 05-11-01373-CV No. 05-11-01374-CV No. 05-11-01375-CV
01-11-2012
IN RE DANIEL LEE MORLEY, Relato
Writ of Mandamus Denied, Opinion issued January 11, 2012
Original Proceeding from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause Nos. 366-80873-10, 366-80874-10,
366-80875-10, 366-80876-10, and 366-80877-10
MEMORANDUM OPINION
Before Justices Morris, Francis, and Myers
Opinion by Justice Myers
The Court has before it relator's December 6, 2011 motion to reinstate. The Court DENIES the motion. On our own motion, we WITHDRAW our November 30, 2011 opinion and VACATE our orders of that date. The following is now the opinion of the Court.
Relator contends the trial court failed to comply with the IADA. 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 had an adequate remedy by appeal. Having waived his right to appeal, relator cannot now seek mandamus relief. See In re Pannell, 283 S.W.3d 31, 35 (Tex. App.-Fort Worth 2009, orig. proceeding); In re Carson, 12 S.W.3d 886, 888 (Tex. App.-Texarkana 2000, orig. proceeding); see also Smith v. Gohmert, 962 S.W.2d 590, 592-93 (Tex. Crim. App. 1998). Accordingly, we DENY relator's petition for writ of mandamus.
LANA MYERS
JUSTICE
111371F.P05