in Re: Eugenio L. Rodriguez ( 2004 )

Criminal Case Template

 COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: EUGENIO L. RODRIGUEZ,                             Relator.

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No. 08-04-00289-CR AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION

           Eugenio L. Rodriguez has filed a petition for writ of mandamus, complaining that the trial court is preventing him from pursuing an appeal in appellate cause number 08-04-00178-CR. In that appeal, this Court has received Rodriguez’s notice of appeal, the clerk’s record, and the reporter’s record. Furthermore, this Court has ordered the trial court to conduct a hearing to determine whether Rodriguez is entitled to the appointment of appellate counsel. If Rodriguez proceeds pro se in the appeal, this Court will take appropriate action to ensure that he has access to the trial record.

           Because it thus appears that the trial court is not preventing Rodriguez from pursuing the appeal, the petition for writ of mandamus is denied.

                                                                  SUSAN LARSEN, Justice

November 10, 2004

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

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