in Re David Wesley Cowden

• Court: Court of Appeals of Texas
• Decided: January 5, 2022
• Docket: 10-21-00355-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00353-CR No. 10-21-00354-CR No. 10-21-00355-CR

IN RE DAVID WESLEY COWDEN

Original Proceedings

From the 413th District Court and County Court at Law No. 2 Johnson County, Texas Trial Court Nos. DC-U202100133, M202100550, and M202100556

MEMORANDUM OPINION

David Wesley Cowden has filed an “Application for Writ of Mandamus” in which

he requests that this Court direct the trial court judges in his pending criminal causes to

hold a hearing and then act on his pro se motions to dismiss. Cowden, however,

represents that he has appointed counsel for “all his charges.” Therefore, the trial court

is not required to consider and rule on his pro se motions. Robinson v. State, 240 S.W.3d

919, 922 (Tex. Crim. App. 2007) (“[A] defendant has no right to hybrid representation. . . . [A]s a consequence, a trial court is free to disregard any pro se motions presented by a

defendant who is represented by counsel.”).

Cowden’s “Application for Writ of Mandamus” is therefore denied. Cowden’s

“Motion for Leave to File Writ of Mandamus” is dismissed as moot.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Petition denied Opinion delivered and filed January 5, 2022 Do not publish [OT06]

In re Cowden Page 2