in Re: Harriman, Timothy Scott

Vrit of Mandamus l)enicd, Opinion issued October2 , 2012

In The

Q!nurt LIf \ppeat3 fifth istrirt uf iIixa at at1a

No. 05-12-01302-CV

IN RE TiMOTHY SCOTT HARRIMAN, Relator

Original Proceeding from the Criminal District Court No. 5 Dallas County, Texas

Trial Court Cause No. F94-01553-ML

MEMORANDUM OPINION

Before Justices Morris, Richter. and Lang-Miers Opinion by Justice Lang-Miers

Relator contends this Court violated a ministerial duty by either not 1ling or not tbrwarding a motion for extension of time to file a petition for discretionary review in the Court of Criminal Appeals, and that his attorney provided ineffective assistance of counsel. 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. Levarlo, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State ofTex. ex rd. Hill v. Court of Appeals for 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.

/ /

4 /cJ/11 N /(

ELIZfliTF1 LANG-MIEIk.S.I JUSTICE