in Re Justin Bosquez





 

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                                                                                    MEMORANDUM OPINION


No. 04-09-00501-CR


IN RE Justin BOSQUEZ


Original Mandamus Proceeding


PER CURIAM

 

Sitting:            Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: September 23, 2009 


PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT

            On August 14, 2009, relator Justin Bosquez filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his pro se motion invoking his sixth amendment right to self representation and to dismiss his current counsel. However, on August 28, 2009, the trial court conducted a hearing regarding relator’s request for self representation. During the hearing, relator orally withdrew his motion for self representation and accepted the withdrawal of his former court appointed attorney and the appointment of a new court appointed attorney. Therefore, we DENY relator’s petition for writ of mandamus as MOOT. See Tex. R. App. P. 52.8(a).  

            Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for a writ of mandamus in this court. Tex. R. App. P. 52. Therefore, relator’s motion for leave to file is DENIED as moot.

PER CURIAM

DO NOT PUBLISH