In Re: Joe Lee Gill--Appeal from 263rd District Court of Harris County

Opinion issued September 20, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00990-CV

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IN RE JOE LEE GILL, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator filed a petition for writ of mandamus requesting that this Court compel respondent (1) to dismiss his court-appointed counsel in cause number 912838, and appoint new counsel. The petition states that cause number 912838 is presently scheduled for trial on October 14, 2002.

We deny the petition for writ of mandamus. The petition does not meet the requirements of Rule 52 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.

Even if it did, one of the prerequisites for the issuance of a writ of mandamus by an appellate court is that the lower court must have a legal duty to perform a nondiscretionary act. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding). A trial court has no duty to search for counsel agreeable to a defendant. King v. State, 29 S.W.3d 556, 566 (Tex. Crim. App. 2000).

The petition for writ of mandamus is therefore denied.

It is so ORDERED.

PER CURIAM

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

Do not publish.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

1. Respondent is the Honorable Jim Wallace, Judge, 263rd District Court, Harris County.

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