In re Rodolfo Ruiz--Appeal from 226th Judicial District Court of Bexar County

PER CURIAM

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Delivered and Filed: November 28, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

Relator Rodolfo Ruiz has filed a pro se mandamus petition arguing the trial court has a ministerial duty to rule on pro se pre-trial motions in his pending criminal cases. Ruiz is represented by trial counsel below. A trial court's decision to rule on pro se motions filed by a represented criminal defendant is discretionary, not ministerial. Scarbrough v. State, 777 S.W.2d 83, 92 (Tex. Crim. App. 1989); McKinny v. State, 76 S.W.3d 463, 478 (Tex. App.--Houston [1st Dist.] 2002, no pet.); Meyer v. State, 27 S.W.3d 644, 648 (Tex. App.--Waco 2000, pet. ref'd). Accordingly, Ruiz's mandamus petition is denied.

PER CURIAM

1. This proceeding arises out of Cause Nos. 2006-CR-8842 and 2006-CR-8843A, styled State of Texas v. Rodolfo Ruiz, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.