Velazquez, Juan A.

• Court: Court of Criminal Appeals of Texas
• Decided: March 3, 2010
• Docket: WR-73,444-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,444-01

JUAN A. VELAZQUEZ, Relator

v.

175^th JUDICIAL DISTRICT COURT, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 2009-CR-8502

FROM BEXAR COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed motion to dismiss his appointed counsel in the 175^th Judicial District Court of Bexar County on December 4, 2009, but that the trial court has not addressed or ruled on the motion.

Relator filed an original petition for writ of mandamus in the Fourth District Court of Appeals, seeking to compel the trial court to rule on his pro se pre-trial motions. On January 6, 2010, the Court of Appeals denied leave to file, noting that Relator had not made a sufficient showing that his motion to dismiss court-appointed counsel was a properly filed motion that had awaited disposition for an unreasonable amount of time. In Re Juan A. Velazquez, No. 04-09-00797-CR (Tex. App. - San Antonio, January 6, 2010).

In these circumstances, additional facts are needed. The respondent, the judge of the 175^th Judicial District Court of Bexar County, is ordered to file a response with this Court stating whether Relator's motion to dismiss his appointed counsel was properly filed, and if so, whether the trial court has made a ruling on such motion, and the date of that ruling. This application for leave to file a writ of mandamus will be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: March 3, 2010

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