Vrit of Mandamus I)enied, Opinion issued October 2, 2012

I, In The (!.uurt uf Aj3pimts fiftIi Ji,.trirt nf rxu tt t1tai No. 05-12-01279-CV

IN RE TERRY JAMES, Relator

Original Proceeding from the County Criminal Court of Appeals No. I 1)allas County, Texas Trial Court Cause No. J10-060011-0i

MEMORANDUM OPINION Before Justices Morris, Richter, and Lang-Miers Opinion by Justice Lang-Miers Relator contends the trial court violated a ministerial duty by not filing his petition for writ of habeas corpus. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEx. R. App. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crirn.

App. 2009) (orig. proceeding); State of Tex. cx rd. lull v. Court ofAppeals /àr the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus. ,/? // F — /7f ‘/L -

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