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In re McKeon

Court of Appeals of Texas, Eighth District, El Paso
Mar 18, 2004
No. 08-04-00009-CR (Tex. App. Mar. 18, 2004)

Opinion

No. 08-04-00009-CR.

March 18, 2004. DO NOT PUBLISH.

An Original Proceeding In Mandamus.

Before Panel No. 3, BARAJAS, C.J., LARSEN, and CHEW, JJ.


OPINION ON PETITION FOR WRIT OF MANDAMUS


Relator seeks a writ of mandamus to compel the trial court to rule on his pro se motions. Relator is represented by counsel in the trial court. To obtain mandamus relief in a criminal matter, the relator must establish: (1) the act sought to be compelled is ministerial, and (2) there is no adequate remedy at law. Dickens v. Court of Appeals for Second Supreme Judicial Dist., 727 S.W.2d 542, 548 (Tex.Crim.App. 1987). Because Relator is represented by counsel, the trial court has no duty to rule on his pro se motions. See Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.-Houston [1st Dist.] 1994, orig. proceeding); Rudd v. State, 616 S.W.2d 623, 625 (Tex.Crim.App. [Panel Op.] 1981). Accordingly, the petition for writ of mandamus is denied.


Summaries of

In re McKeon

Court of Appeals of Texas, Eighth District, El Paso
Mar 18, 2004
No. 08-04-00009-CR (Tex. App. Mar. 18, 2004)
Case details for

In re McKeon

Case Details

Full title:IN RE: JAMES McKEON, Relator

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Mar 18, 2004

Citations

No. 08-04-00009-CR (Tex. App. Mar. 18, 2004)