COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
IN RE: EUGENIO L. RODRIGUEZ, Relator. |
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No. 08-04-00289-CR AN ORIGINAL PROCEEDING IN MANDAMUS |
MEMORANDUM OPINION
Eugenio L. Rodriguez has filed a petition for writ of mandamus, complaining that the trial court is preventing him from pursuing an appeal in appellate cause number 08-04-00178-CR. In that appeal, this Court has received Rodriguez’s notice of appeal, the clerk’s record, and the reporter’s record. Furthermore, this Court has ordered the trial court to conduct a hearing to determine whether Rodriguez is entitled to the appointment of appellate counsel. If Rodriguez proceeds pro se in the appeal, this Court will take appropriate action to ensure that he has access to the trial record.
Because it thus appears that the trial court is not preventing Rodriguez from pursuing the appeal, the petition for writ of mandamus is denied.
SUSAN LARSEN, Justice
November 10, 2004
Before Panel No. 4
Barajas, C.J., Larsen, and McClure, JJ.
(Do Not Publish)