In re Smith

Full title: HENRY LAURIE SMITH, III, Relator

Court: Court of Criminal Appeals of Texas

Date published: Sep 13, 2006

No. WR-63,694-01 (Tex. Crim. App. Sep. 13, 2006)

Opinion

No. WR-63,694-01

Filed: September 13, 2006. DO NOT PUBLISH.

Application for writ of mandamus. Appeal from the Fifth Court of Appeals, Kaufman County.

CONCURRING STATEMENT

HOLCOMB, J., filed a concurring statement on the Court's denial of leave to file original application of mandamus.

Relator contends that the court of appeals refused to appoint counsel, even though he was allegedly abandoned by appointed counsel. No briefs were filed in the court of appeals. The record reflects that the court of appeals affirmed Relator's conviction for possession of a controlled substance on September 26, 2005. Mandamus will issue to compel a purely ministerial duty when relator has no other adequate remedy at law. State ex rel. Rosenthal v. Poe, 98 S.W.3d 194 (Tex.Crim.App. 2003). I join the Court's denial to grant leave to file for mandamus relief because Relator has an adequate remedy at law; he may file a writ of habeas corpus requesting an out-of-time appeal.