In Re Virna Catherine Fender Appeal from County Court at Law No 5 of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00181-CR __________________ IN RE VIRNA CATHERINE FENDER __________________________________________________________________ Original Proceeding County Court at Law No. 5 of Montgomery County, Texas Trial Cause No. 19-338600 __________________________________________________________________ MEMORANDUM OPINION In a mandamus petition, Virna Catherine Fender asks this Court to compel the trial court to consider her pro se motions. Fender claims the trial court appointed counsel after she filed a pro se motion to recuse the trial judge, but the record she submitted with her mandamus petition shows counsel had already been appointed when she filed the pro se motion. A trial court may disregard a pro se motion filed by a criminal defendant while she is represented by counsel. Robinson v. State, 240 S.W.3d 919, 923 (Tex. Crim. App. 2007). 1 Fender informs this Court that she intends to invoke her right of selfrepresentation, but her appointed counsel has not filed a motion to withdraw in the trial court, and she does not claim that she has asked him to do so. She has not shown that she appeared at any pre-trial hearing and unequivocally asserted her right of self-representation. On this record, Fender has not shown that she is entitled to mandamus relief. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a). PETITION DENIED. PER CURIAM Submitted on June 25, 2019 Opinion Delivered June 26, 2019 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 2
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