in Re Sylest Marie Cox ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00074-CR
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IN RE SYLEST MARIE COX
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Original Proceeding
411th District Court of Polk County, Texas
Trial Cause No. 27666
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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
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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Do Not Publish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.
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