COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: JAMES MCKEON, Relator. |
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No. 08-04-00009-CR AN ORIGINAL PROCEEDING IN MANDAMUS |
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.
March 18, 2004
______________________________________RICHARD BARAJAS, Chief Justice
Before Panel No. 3
Barajas, C.J., Larsen, and Chew, JJ.
(Do Not Publish)