in Re Derek M. Bailey

MEMORANDUM OPINION No. 04-06-00369-CV IN RE Derek M. BAILEY Original Mandamus Proceeding (1) PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion , Justice Rebecca Simmons , Justice Delivered and Filed: June 28, 2006 PETITION FOR WRIT OF MANDAMUS DENIED The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied. See Ex parte Adams, 768 S.W.2d 281, 287 (Tex. Crim. App. 1989) (procedure set forth in Article 11.07 of the Texas Code of Criminal Procedure is the exclusive post-conviction judicial remedy available when conviction is final and applicant is confined by virtue of his felony conviction); Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005); see also McKinny v. State, 76 S.W.3d 463, 478 (Tex. App .--Houston [1st Dist.] 2002, no pet.) (trial court is not required to consider pro se motions when defendant is represented by attorney); Busselman v. State, 713 S.W.2d 711, 714 (Tex. App.--Houston [1st Dist.] 1986, no pet.) (same). Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). PER CURIAM 1. This proceeding arises out of Cause No. 94-0857-CR , styled The State of Texas v. Derek M. Bailey, from the 25th Judicial District Court, Guadalupe County, Texas , the Honorable Dwight E. Peschel presiding.