in Re John Henry Boykin

• Court: Court of Appeals of Texas
• Decided: March 29, 2007
• Docket: 09-07-00156-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-07-156 CV

IN RE JOHN HENRY BOYKIN

Original Proceeding

MEMORANDUM OPINION

The petition for writ of mandamus filed by John Henry Boykin seeks to compel his appellate attorney to file a motion to withdraw and also seeks to compel the trial court to hold a hearing on whether Boykin should be permitted to represent himself in Appeal No. 09-06-265 CR. Contrary to the allegation in the mandamus petition, Boykin's appellate counsel did file a motion to withdraw. On March 22, 2007, we abated Boykin's appeal and remanded the case to the trial court for a hearing on counsel's motion to withdraw and to admonish Boykin regarding self-representation. Boykin has an adequate remedy through the normal appellate process. See generally In re State ex rel. De Leon, 89 S.W.3d 195, 196-97 (Tex. App.--Corpus Christi 2002) (orig. proceeding). The petition for writ of mandamus, filed March 20, 2007, is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered March 29, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.