in Re: George Eldridge Trahan

Opinion issued September 18, 2003






 








In The

Court of Appeals

For The

First District of Texas

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NO. 01-03-00879-CV

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IN RE GEORGE ELDRIDGE TRAHAN, Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION

               Relator, George Eldridge Trahan, requests that this Court compel respondent to dismiss his court-appointed counsel and appoint other counsel to represent him in cause number 950854, pending in the 208th District Court. Relator complains that he is dissatisfied with his present counsel, John Clark and Jerry Guerinot. We deny relief.

               Mandamus issues only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). A trial court has no duty to search for counsel agreeable to an indigent defendant. Buntion v. Harmon, 827 S.W.2d 945, 949 (Tex. Crim. App. 1992); Solis v. State, 792 S.W.2d 95, 100 (Tex. Crim. App. 1990). Moreover, relator has an adequate remedy at law because if he is convicted, he may raise the issue of the effectiveness of his trial counsel in a direct appeal. See, e.g., Rylander v. State, 101 S.W.3d 107 passim (Tex. Crim. App. 2003).

               The petition for writ of mandamus is denied.

               It is so ORDERED.

PER CURIAM


Panel consists of Justices Taft, Jennings, and Hanks.