In re Kenneth Edwards--Appeal from 227th Judicial District Court of Bexar County

No. 04-03-00749-CV

IN RE Kenneth EDWARDS

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: October 29, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

On October 9, 2003, relator filed a pro se petition for writ of mandamus. Relator claims the trial court abused its discretion by denying his attorney's motion to withdraw. Generally, a trial court's ruling on a motion to withdraw will not be disturbed in the absence of an abuse of discretion. Green v. State, 840 S.W.2d 394, 408 (Tex. Crim. App. 1992), abrogated on other grounds by, Trevi o v. State, 991 S.W.2d 849, 853 (Tex. Crim. App. 1999); Tuffiash v. State, 948 S.W.2d 873, 878 (Tex. App.--San Antonio 1997, pet. ref'd). A writ of mandamus may be issued to correct a clear abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992).

In this case, counsel's motion to withdraw did not offer any specific facts to support his assertion that a conflict of interest exists between relator and himself. There is no evidence in the record indicating a conflict of interest. Accordingly, we cannot say the trial court abused its discretion in denying this motion. See Green, 840 S.W.2d at 408; Frazier v. State, 15 S.W.3d 263, 265-66 (Tex. App.--Waco 2000, no pet.); Boston v. State, 965 S.W.2d 546, 552 (Tex. App.--Houston [14th Dist.] 1997, no pet.). Therefore, relator is not entitled to the relief sought, and the petition is denied. Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 2003-CR-1782, styled The State of Texas v. Kenneth Edwards, filed in the 227th Judicial District Court, Bexar County, Texas. The Honorable Philip A Kazen, Jr., presiding judge of the 227th Judicial District Court, Bexar County, Texas, ruled on the motion that is the subject of this proceeding.