in Re William Harris

• Court: Court of Appeals of Texas
• Decided: August 12, 2010
• Docket: 01-10-00359-CR
• Status: Published

Opinion

Opinion issued August 12, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00359-CR

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IN RE WILLIAM HARRIS, Relator

Original Proceeding on Petition for Writ of Mandamus

 MEMORANDUM OPINION

          Relator, William Harris, has filed a pro se petition for writ of mandamus in this Court.  Relator asks this Court to order the trial court judge[1] to withdraw her January 29, 2010 denial of his post-conviction[2] motion for forensic DNA testing under Chapter 64 of the Code of Criminal Procedure.[3]  See Tex. Code Crim. Proc. Ann. art.  64.01—.05 (Vernon Supp. 2009).  

          The petition for writ of mandamus is denied.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Bland and Sharp.

Do not publish.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

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[1]           Respondent is the Honorable Mary Lou Keel, Presiding Judge, of the 232nd District Court of Harris County, Texas.   

[2]           Relator’s appeal of the trial court’s January 10, 2010 order is pending in this Court as appellate number 01-10-00171-CR.  

[3]           Relator was convicted in trial court cause number 876384 of the offense of murder.  He was sentenced to confinement for sixty-five years and assessed a $10,000 fine. The Sixth Court of Appeals affirmed the judgment of the trial court.  See Harris v. State, 133 S.W.3d 760 (Tex. App.—Texarkana 2004, pet.ref’d).