In Re: John Joseph Reyes--Appeal from 56th District Court of Galveston County

Opinion issued December 12, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-01270-CV

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IN RE JOHN JOSEPH REYES, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator has filed in this Court a pro se petition for writ of mandamus, asserting that respondent, the clerk of the 56th District Court of Galveston County, did not forward his notice of appeal to the appropriate court of appeals. The notice of appeal in question is from the denial of relator's motion for forensic DNA testing of evidence in cause number 93CR0357. The appeal from the denial of relator's motion for forensic DNA testing in cause number 93CR0357 is currently pending in this Court in cause number 01-02-00849-CR. This is the appropriate court for relator's appeal. Therefore, we deny relator's petition for writ of mandamus on this ground.

Relator also requests that we order the trial court to conduct a hearing to determine if relator's court-appointed appellate counsel has abandoned the appeal. Mandamus issues only to correct a clear abuse of discretion by the lower court or the violation of a duty imposed by law when there is no other adequate remedy by law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). The trial court has no legal duty to conduct the type of hearing relator describes. Therefore, mandamus is not an available remedy.

The petition for writ of mandamus is denied.

PER CURIAM

Panel consists of Justices Hedges, Keyes, and Duggan. (1)

Do not publish.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

1. The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.