in Re: Michael Kennedy

Opinion

                     NO. 12-05-00154-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

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IN RE: MICHAEL KENNEDY                         §     ORIGINAL PROCEEDING

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MEMORANDUM OPINION

            In this original proceeding, relator Michael Kennedy seeks a writ of mandamus against the Honorable Pam Fletcher, Judge of the 3rd Judicial District Court, Anderson County, Texas. In his petition, Kennedy alleges that the respondent (1) failed to forward his notice of appeal in trial court cause number 19061 to this court and (2) failed to file the record of the trial court proceedings. He further complains of the same failures by the district clerk. Consequently, he concludes, he has been denied the right to appeal his conviction in trial court cause number 19061.

            On April 13, 2005, we received from the district clerk two notices of appeal filed by Kennedy in trial court cause number 19061. On that same date, the clerk of this court sent Kennedy a “welcome letter,” which notified him that his appeal from trial court cause number 19061 (our cause number 12-05-00125-CR) had been docketed. On April 15, 2005, we received another notice of appeal from the trial court clerk filed by Kennedy in the same cause number. The record in the appeal is not due until July 2, 2005.

            The assertions in Kennedy’s mandamus petition are unfounded. Accordingly, the writ of mandamus is denied.

                                                                                                     SAM GRIFFITH

                                                                                                              Justice

Opinion delivered May 11, 2005.

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

(PUBLISH)