in Re Ernest Osil Samuel

Opinion

Opinion issued September 22, 2011.

In The

Court of Appeals

For The

First District of Texas

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NOS. 01-10-00720-CR & 01-10-00721-CR

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Ernest Osil Samuel, Appellant

V.

State of Texas, Appellee

Original Proceeding on Petitions for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Ernest Osil Samuel, has filed a petition for writ of mandamus, asking this Court to direct respondent[1] to hold a hearing to make appropriate findings concerning whether relator’s appointed counsel, Ellis McCullough, should be permitted to withdraw from representing him in his two direct criminal appeals and whether Samuel may proceed pro se.[2]  We deny the petitions for writ of mandamus.

Relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 9.5 (requiring that certified copy be served on respondent); Tex. R. App. P. 52.3(k) (requiring certified or sworn copy of any order complained of or any other document showing matter complained of).

Accordingly, we deny the petitions for writ of mandamus.  All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale.

Do not publish.  Tex. R. App. P. 47.2(b).

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[1]           Respondent is The Honorable Herb Ritchie of the 337th District Court, Harris County, Texas.

[2]           Relator has two criminal appeals before this court: (1) Ernest Osil Samuel v. State, No. 01-09-00434-CR; and (2) Ernest Osil Samuel v. State, No. 01-09-00435-CR.