Smith, Henry Laurie Iii ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NO. WR-63,694-01

---

HENRY LAURIE SMITH, III, Relator

---

APPLICATION FOR WRIT OF MANDAMUS FROM THE FIFTH COURT OF APPEALS KAUFMAN COUNTY

---

   Holcomb, J., filed a concurring statement on the Court's denial of leave to file original application of mandamus.

C O N C U R R I N G S T A T E M E N T

Relator contends that the court of appeals refused to appoint counsel, even though he was allegedly abandoned by appointed counsel. No briefs were filed in the court of appeals. The record reflects that the court of appeals affirmed Relator's conviction for possession of a controlled substance on September 26, 2005.

Mandamus will issue to compel a purely ministerial duty when relator has no other adequate remedy at law. State ex rel. Rosenthal v. Poe, 98 S.W.3d 194 (Tex. Crim. App. 2003). I join the Court's denial to grant leave to file for mandamus relief because Relator has an adequate remedy at law; he may file a writ of habeas corpus requesting an out-of-time appeal.

FILED: SEPTEMBER 13, 2006

DO NOT PUBLISH