in Re Sylest Marie Cox

• Court: Court of Appeals of Texas
• Decided: April 21, 2021
• Docket: 09-21-00074-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00074-CR __________________

IN RE SYLEST MARIE COX __________________________________________________________________

Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. 27666 __________________________________________________________________

MEMORANDUM OPINION

Sylest Marie Cox filed a mandamus petition through which she seeks a

dismissal of an indictment on the grounds that she has been denied her constitutional

right to a speedy trial. Release from confinement is habeas relief. This Court lacks

jurisdiction to grant habeas relief in an original proceeding in a criminal case. In re

Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig.

proceeding). Relator has not shown that the trial court refused to rule on a properly

filed petition for a writ of habeas corpus seeking a bond reduction. See In re Foster,

503 S.W.3d 606, 607 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding).

Furthermore, relator has not shown that the trial court: (1) had a legal duty to rule on

1 a motion; (2) was asked to rule on a motion; and (3) failed or refused to rule on a

motion within a reasonable time. See In re Molina, 94 S.W.3d 885, 886 (Tex. App.—

San Antonio 2003, orig. proceeding). A trial court is free to disregard any pro se

motions filed by a defendant who is represented by counsel. Jenkins v. State, 592

S.W.3d 894, 902 n.47 (Tex. Crim. App. 2018). We deny the petition for a writ of

mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on April 20, 2021 Opinion Delivered April 21, 2021 Do Not Publish

Before Golemon, C.J., Kreger and Horton, JJ.