Opinion issued January 9, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-01203-CV
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IN RE LEONARD WEATHERSPOON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Leonard Weatherspoon, requests that this Court compel respondent (1) to: (1) rule on his pro se motion for new trial, and (2) take action on relator's notice of appeal and motion for appointment of counsel. We deny the petition for writ of mandamus.
A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). Relator's motion for new trial was overruled by operation of law before his petition for writ of mandamus was filed. Relator has not provided this Court with a record demonstrating that the overruling of his motion by operation of law was a clear abuse of respondent's discretion. In addition, relator has an adequate remedy at law because the overruling of his motion for new trial may be raised on direct appeal. See Carranza v. State, 960 S.W.2d 76 (Tex. Crim. App. 1998).
Regarding relator's concerns about his notice of appeal and request for counsel, the notice of appeal from relator's conviction in cause number 35,426A was forwarded to this Court and is pending in cause number 01-02-00932-CR. The clerk's record in that appeal reflects that relator's counsel of record on appeal is Larry E. Thomas, his trial counsel, who signed the notice of appeal. See Tex. R. App. P. 6.1.
The petition for writ of mandamus is 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Do not publish.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. 2.