in Re: William Lester Rice, Jr.

• Court: Court of Appeals of Texas
• Decided: May 16, 2002
• Docket: 01-02-00433-CV
• Status: Published

Opinion

Opinion issued May 16, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00433-CV

IN RE WILLIAM LESTER RICE, JR., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator filed in this Court a second pro se petition for writ of mandamus. Relator complains that respondent ⁽¹⁾ has not provided him with an adequate record in the direct appeal of his conviction in cause number 857604. That appeal is pending in this Court in cause number 01-02-00094-CR.

In his first petition for writ of mandamus, relator requested that we order respondent to conduct a hearing on his motion for new trial in the same cause number. We denied the petition in an unpublished opinion that issued February 15, 2002. See In re Rice, No. 01-02-00147-CV, slip op. at 2 (Tex. App.--Houston [1st Dist.] Feb. 15, 2002, orig. proceeding). Our grounds for denial were twofold. First, relator was, and is, represented by appointed counsel in his direct appeal, No. 01-02-00094-CR. Relator is not entitled to hybrid representation. Gray v. Shipley, 877 S.W.2d 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding); Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. 1981). Second, relator did not provide us with a record that showed he made any request of respondent to perform a nondiscretionary act that respondent refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding).

We hold that the same grounds require denial of relator's instant petition.

The petition for writ of mandamus is therefore denied.

PER CURIAM

Panel consists of Justices Mirabal, Taft and Price. ⁽²⁾

Do not publish. Tex. R. App. P. 47.

1.

Respondent is the Honorable Susan Brown, Judge, 185th District Court, Harris County, Texas.

2.

The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.