Writ of Mandamus is Denied; Opinion Filed July 11, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00911-CV IN RE CALVIN ERVIN MCNAC, Relator On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F03-71678-T MEMORANDUM OPINION Before Justices O’Neill, Lang-Miers, and Evans Opinion by Justice Evans Relator contends the trial court violated a ministerial duty by not ruling on his motion for appointment 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. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding). Accordingly, we DENY relator=s petition for writ of mandamus.

/David Evans/ DAVID EVANS JUSTICE 130911F.P05