in Re Marin Lugo

Opinion issued January 29, 2009















In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-08-00869-CR

____________



IN RE MARIN LUGO, Relator




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION

Upon consideration of relator's motion for rehearing, we deny the motion, withdraw our opinion of December 4, 2008, and substitute the following in its place.

Relator, Marin Lugo, has filed a pro se petition for writ of mandamus. (1) Lugo requests that this Court reverse the trial court's ruling that allowed his retained counsel, Edward P. Silas to withdraw. (2) Lugo has not Shown an inadequate remedy by appeal. Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon Supp. 2008). See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). The petition for writ of mandamus is denied.

It is so ORDERED.

PER CURIAM



Panel consists of Justices Taft, Keyes, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).

1. The underlying proceeding, trial court cause number 1104195, is pending in the 184th District Court, Harris County.

2.

We note that the trial court has appointed counsel Gilberto Villarreal to represent relator in trial court cause number 1104195.