 
 




                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-13-00571-CR
                           ____________________



                      IN RE DUSTIN KYLE HATFIELD


_______________________________________________________            ______________

                               Original Proceeding
________________________________________________________            _____________

                          MEMORANDUM OPINION

      Dustin Kyle Hatfield filed a pro se petition for writ of mandamus to compel

the trial court to set his case for trial. See Smith v. Gohmert, 962 S.W.2d 590, 593

& n.7 (Tex. Crim. App. 1998) (orig. proceeding) (Under appropriate

circumstances, a defendant may obtain mandamus relief to obtain a trial setting,

but mandamus is not available to compel a dismissal for want of a speedy trial.). It

appears Hatfield sought a trial setting through a pro se motion filed while Hatfield

was represented by counsel. The trial court may refuse to consider pro se motions

that have been filed while the defendant is represented by counsel in a criminal

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proceeding. Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). We

deny the petition for writ of mandamus.

      PETITION DENIED.


                                                         PER CURIAM


Submitted on December 23, 2013
Opinion Delivered January 22, 2014
Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.




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