In re Mark Sullivan--Appeal from 271st District Court of Wise County (per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00377-CV IN RE MARK SULLIVAN RELATOR -----------ORIGINAL PROCEEDING ------------ MEMORANDUM OPINION1 -----------The court has considered relator s petition for writ of mandamus and is of the opinion that relief should be denied. The relator complains that the respondent trial court has failed to hold a hearing on his pro se application for writ of habeas corpus bond reduction, but the trial court clerk has no record of relator filing a habeas application in the 271st District Court of Wise County. Even assuming relator filed a habeas application in the district court, the trial court had no duty to rule on the petition because relator was represented by 1 See Tex. R. App. P. 47.4, 52.8(d). counsel at that time.2 See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). Accordingly, relator s petition for writ of mandamus is denied. PER CURIAM PANEL: GARDNER, MCCOY, and MEIER, JJ. DELIVERED: September 24, 2012 2 This would not apply, however, to any future pro se petitions or motions because relator is no longer represented by counsel. 2

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