                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                               _________________

                               NO. 09-13-00224-CR
                               _________________

                  IN RE RODNEY DWAYNE CLEVELAND

__________________________________________________________________

                         Original Proceeding
__________________________________________________________________

                          MEMORANDUM OPINION

      Relator Rodney Dwayne Cleveland filed a petition for writ of mandamus

with this Court. Relator asks this Court to compel the trial court to set a

recognizance bond.1 Relator also complains about the trial court’s incorrect

certification, and he contends trial counsel should be ordered to withdraw because

he provided ineffective assistance.

      Relator has not demonstrated that he is clearly entitled to mandamus relief

from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34

S.W.3d 924, 927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of

      1
       A direct appeal of relator’s conviction is currently pending before this Court
in appeal number 09-13-00059-CR.
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mandamus, a relator must establish that the trial court failed to perform a

ministerial duty, and that relator has no other adequate legal remedy.); see also

Tex. Code Crim. Proc. Ann. art. 44.04(b) (West 2006) (“The defendant may not be

released on bail pending the appeal from any felony conviction where the

punishment equals or exceeds 10 years[’] confinement[.]”). This Court reinstated

relator’s appeal after receiving the clerk’s record that indicated the trial court’s

certification was incorrect, and relator’s direct appeal therefore remains pending.

Trial counsel’s performance is a matter that may be addressed on direct appeal if

adequately supported by the record. See Bone v. State, 77 S.W.3d 828, 833 (Tex.

Crim. App. 2002). We deny relief on the petition for writ of mandamus.

      PETITION DENIED.

                                                   PER CURIAM


Opinion Delivered May 22, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.




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