IN RE: OLDEN JOHNSON (2010)

MEMORANDUM OPINION

Opinion by Justice Myers

Relator contends the trial court violated a ministerial duty by not ruling on his motion for appointment of counsel, which was filed in September 2009.   The facts and issues are well known to the parties, so we need not recount them herein.   Mandamus is appropriate in a criminal case if the relator shows that he has no other adequate legal remedy and the act sought to be compelled is purely ministerial.  State of Texas ex rel. Hill v. Court of Appeals for the Fifth Dist., 67 S.W.3d 177, 180-81 (Tex.Crim.App.2001).   A “ministerial act is one which is accomplished without the exercise of discretion or judgment.”   State of Texas ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex.Crim.App.2001).

We find that the trial court had a ministerial duty to rule on the motion that was filed by relator.   Accordingly, we conditionally grant the relator's petition for writ of mandamus.   A writ will issue only in the event the trial court fails to rule on relator's September 25, 2009 “Motion for Appointment of Counsel Pursuant to Article 64.01(c), Code of Criminal Procedure” within thirty days.

100457F.P05

LANA MYERS JUSTICE