in Re: Michael Kennedy

Opinion

                     NO. 12-05-00361-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: MICHAEL KENNEDY,                        §     ORIGINAL PROCEEDING

RELATOR

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MEMORANDUM OPINION

            Relator Michael Kennedy contends that the Honorable Pam Fletcher, Judge of the 3rd Judicial District Court, Anderson County, Texas, wrongfully denied his motion to vacate judgment and set aside his conviction in trial court cause number 19061. Based upon the record presented, we conclude that Kennedy has not shown himself entitled to relief he seeks. Accordingly, the petition for writs of mandamus and prohibition is denied.

                                                                                                     JAMES T. WORTHEN

                                                                                                                 Chief Justice

Opinion delivered November 23, 2005.

Panel consisted of Worthen, C.J., Griffith, J. and DeVasto, J.

(PUBLISH)