in Re Derek M. Bailey

• Court: Court of Appeals of Texas
• Decided: June 28, 2006
• Docket: 04-06-00369-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-06-00369-CV

IN RE Derek M. BAILEY

Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion , Justice

Rebecca Simmons , Justice

Delivered and Filed: June 28, 2006

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied. See Ex parte Adams, 768 S.W.2d 281, 287 (Tex. Crim. App. 1989) (procedure set forth in Article 11.07 of the Texas Code of Criminal Procedure is the exclusive post-conviction judicial remedy available when conviction is final and applicant is confined by virtue of his felony conviction); Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005); see also McKinny v. State, 76 S.W.3d 463, 478 (Tex. App .--Houston [1st Dist.] 2002, no pet.) (trial court is not required to consider pro se motions when defendant is represented by attorney); Busselman v. State, 713 S.W.2d 711, 714 (Tex. App.--Houston [1st Dist.] 1986, no pet.) (same). Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

1. This proceeding arises out of Cause No. 94-0857-CR , styled The State of Texas v. Derek M. Bailey, from the 25th Judicial District Court, Guadalupe County, Texas , the Honorable Dwight E. Peschel presiding.