Opinion
NO. 09-21-00066-CV
04-22-2021
IN RE GERALD B. WILSON
Original Proceeding 435th District Court of Montgomery County, Texas
Trial Cause No. 07-02-02127-CV
MEMORANDUM OPINION
In a petition for a writ of mandamus, Gerald B. Wilson argues the trial court abused its discretion by failing to rule on two pro se motions that Wilson filed while he was represented by State Counsel for Offenders as statutorily appointed counsel in a sexually violent predator civil commitment proceeding. See generally Tex. Health & Safety Code Ann. § 841.005(a). Wilson contends that he wants to represent himself in his next biennial review proceeding. See generally Tex. Health & Safety Code Ann. § 841.102. Wilson argues that the trial court has a ministerial duty to rule on his pro se motions.
A trial court does not have a ministerial duty to rule on pro se motions filed by a person who is represented by counsel in the case. See In re S.V., 599 S.W.3d 25, 44 (Tex. App.—Dallas 2017, pet. denied) (op. on reh'g); In re Stanley, No. 09-15-00204-CV, 2015 Tex. App. LEXIS 6793, at *1 (Tex. App.—Beaumont July 2, 2015, orig. proceeding) (per curiam). We deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM Submitted on April 21, 2021
Opinion Delivered April 22, 2021 Before Golemon, C.J., Kreger and Johnson, JJ.