in Re Kiheem Grant

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-05-037 CV ____________________

IN RE KIHEEM GRANT

---

Original Proceeding

---

MEMORANDUM OPINION ⁽¹⁾  

Kiheem Grant filed a petition for writ of mandamus on January 27, 2005. The relator was convicted in Cause No. 91790 in the 252nd District Court of Jefferson County, Texas. Grant filed notice of appeal, and this Court docketed Appeal No. 09-04-518 CR. On December 8, 2004, we received the trial court's certification that the appellant had the right of appeal. See Tex. R. App P. 25.2(d). On January 11, 2005, we transferred the appeal to the Sixth Court of Appeals pursuant to a docket equalization order.   

The relator contends the trial court violated a ministerial duty by not granting an evidentiary hearing on Grant's motion to withdraw his guilty plea. Exclusive jurisdiction over Cause No. 91790 is currently vested in the Sixth Court of Appeals. See Tex. R. App. P. 25.2(b),(g). The relator failed to demonstrate that he is entitled to the relief sought through an original proceeding for writ of mandamus. See Tex. R. App. P. 52.8(a). The petition for writ of mandamus is therefore denied. Because the issues raised in the petition may be raised in the appeal, we express no opinion on the merits of the issues presented in the petition.

WRIT DENIED.

PER CURIAM

Opinion Delivered March 17, 2005

Before McKeithen, C.J., Kreger and Horton, JJ.

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