Opinion
No. 01-07-00833-CR
Opinion issued January 24, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices TAFT, HANKS, and HIGLEY.
MEMORANDUM OPINION
Relator, Michael Scott Toney, has filed a pro se petition for writ of mandamus. In his petition for writ of mandamus, relator complains that the trial court judge has failed to rule on his post-conviction motions for appointment of counsel in trial court cause number 9403369. We deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8 (a),(d).
The Honorable Denise Collins, judge of the 208th District Court of Harris County, Texas.
The First Court of Appeals issued an opinion affirming the judgment of the trial court. Toney v. State, No. 01-94-00239-CR (Tex.-App.-Houston [1st Dist.] April 18, 1996, no pet.) (not designated for publication). The mandate issued on July20, 1996.
We note that the trial court is required to appoint counsel for an indigent movant in a Chapter 64 proceeding only if "the court finds reasonable grounds for a motion to be filed." Blake v. State, 208 S.W.3d 693, 695 (Tex.App.-2006, no pet.); TEX. CODE CRIM. PROC. ANN. Art. 64.01(c) (Vernon Supp. 2007).