IN THE TENTH COURT OF APPEALS

No. 10-08-00050-CV IN RE VAUGHN BIRDWELL

Original Proceeding

MEMORANDUM OPINION

The petition for writ of mandamus is denied.1 See Harrell v. State, --- S.W.3d ---, 2009 WL 1567107 (Tex. June 5, 2009).

REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Petition denied Opinion delivered and filed June 17, 2009 [OT06]

1We have redesignated this proceeding as “CV” rather than “CR.” See Harrell, --- S.W.3d at ---, 2009 WL 1567107, at *2; In re Johnson, 280 S.W.3d 866, 869-70, 874 (Tex. Crim. App. 2008) (orig. proceeding).