in Re Richard Owen Taylor

• Court: Court of Appeals of Texas
• Decided: January 10, 2003
• Docket: 10-02-00344-CV
• Status: Published

Opinion

In re Richard Owen Taylor

IN THE

TENTH COURT OF APPEALS

No. 10-02-344-CV

IN RE RICHARD OWEN TAYLOR

Original Proceeding

O P I N I O N

      Richard Owen Taylor petitions this Court to issue a writ of mandamus against Respondent, the Honorable Joe N. Johnson, former Judge of the 170th District Court of McLennan County. Taylor complains that Judge Johnson refused 1) to set various motions for hearing, and 2) to rule on these motions. However, the Honorable Jim Meyer is the current Judge of the 170th District Court of McLennan County. The Texas Supreme Court has made it clear that “[a] writ of mandamus will not lie against a successor judge in the absence of a refusal by him to grant the relief Relator seeks.” State v. Olsen, 360 S.W.2d 402, 403 (Tex. 1962) (orig. proceeding). There is nothing in the record to indicate that such a request has been made of Judge Meyer. We deny the petition. Tex. R. App. P. 52.8.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Writ of mandamus denied

Opinion delivered and filed January 10, 2003

[CV06]

t">Jefferson County, Texas

Trial Court Nos. 85617 and 85484

MEMORANDUM OPINION

      Sandra Kay West pleaded guilty to unauthorized use of a motor vehicle in trial court cause number 85617 (appellate cause number 10-02-188-CR) without the benefit of a plea bargain. The court sentenced her to two years’ confinement in a state jail.

      West pleaded guilty to debit card abuse in trial court cause number 85484 (appellate cause number 10-02-189-CR) without the benefit of a plea bargain. The court sentenced her to two years’ confinement in a state jail for this offense as well.

      West and her trial counsel signed a waiver of appeal as a part of the plea proceedings in each case. Because West waived her right to appeal, we dismiss her appeals. See Blanco v. State, 18 S.W.3d 218, 219-20 (Tex. Crim. App. 2000); Clayburn v. State, 985 S.W.2d 624, 625 (Tex. App.—Waco 1999, no pet.) (per curiam).

Appeals dismissed

Opinion delivered and filed October 30, 2002

Do not publish

[CR25]