in Re: Lucious Ray Johnson ( 2004 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 26, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 26, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00134-CV

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IN RE LUCIOUS RAY JOHNSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On February 18, 2004, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52.  In his petition, relator seeks to have this court compel the judge of the 228th District Court in Harris County to furnish him copies of his trial record so that he may prepare for the hearing on his application for post-conviction DNA testing. Appellant is represented by appointed counsel in his post-conviction proceeding.  Relator has not established he requested the trial court to perform a nondiscretionary act and the court refused.  See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.CHouston [1st Dist.] 1992, orig. proceeding).

We deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed February 26, 2004.

Panel consists of Justices Fowler, Edelman and Seymore.