In Re Anthony Leon Summers Appeal from 260th District Court of Orange County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00292-CR ____________________ IN RE ANTHONY LEON SUMMERS _______________________________________________________ ______________ Original Proceeding 260th District Court of Orange County, Texas Trial Cause No. D170078-R ________________________________________________________ _____________ MEMORANDUM OPINION Anthony Leon Summers filed a pro se petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. Summers complains that the trial court has not addressed pro se motions filed in a criminal case in which Summers is represented by counsel. “[A] trial court is free to disregard any pro se motions presented by a defendant who is represented by counsel.” Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). A trial court does not abuse its discretion by failing to rule on pro se motions in a criminal proceeding in which the defendant is represented by counsel. In re Kellum, 307 1 S.W.3d 336, 336 (Tex. App.—San Antonio 2009, orig. proceeding). Accordingly, the petition for writ of mandamus is denied. PETITION DENIED. PER CURIAM Submitted on August 29, 2017 Opinion Delivered August 30, 2017 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 2

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