in Re Royce Eugene Mitchell, Jr.

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-05-098 CV

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IN RE ROYCE EUGENE MITCHELL JR.




Original Proceeding


MEMORANDUM OPINION (1)

Royce Eugene Mitchell Jr., an individual under indictment in Cause No. 93452, seeks a writ of mandamus to compel the trial judge to either recuse himself from the case or refer Mitchell's motion to recuse to the administrative judge. On April 27, 2005, we received a certified copy of the presiding administrative judge's order denying the motion to recuse. It appears the trial court fulfilled its duty by referring the case to the administrative judge. See Tex. R. Civ. P. 18a(d); Arnold v. State, 853 S.W.2d 543, 544 (Tex. Crim. App. 1993). The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM





Opinion Delivered May 5, 2005

Before Gaultney, Kreger and Horton, JJ.

1. Tex. R. App. P. 47.4.