in Re Billy Holmes

• Court: Court of Appeals of Texas
• Decided: December 1, 2009
• Docket: 14-09-00947-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 1, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00947-CR

IN RE BILLY HOLMES, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

            On November 10, 2009, relator filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asked this court to compel the Honorable David Mendoza, presiding judge of the 178th District Court of Harris County, to rule on his affidavit of indigency.

            In filing an affidavit of indigency, relator sought to proceed on appeal without payment of fees.  Because relator has not been required to pay court fees, received a free record, and has been appointed an attorney on appeal, he has not established that he is entitled to mandamus relief.  Accordingly, we deny relator’s petition for writ of mandamus.

                                                                        PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.