TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00117-CV

In re Robert F. Brown III

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

MEMORANDUM OPINION

Robert F. Brown III has petitioned this Court for a writ of mandamus ordering the 277th District Court of Williamson County to act on various pro se motions Brown filed in cause number 05-307-K277. The exhibits attached to the petition reflect, however, that the motions were filed while Brown’s appeal from his conviction in cause number 05-307-K277 was pending in this Court or in the Texas Court of Criminal Appeals. See Brown v. State, No. 03-06-526-CR Tex. App.—Austin Aug. 1, 2007), pet. ref’d, No. PD-1284-07 (Tex. Crim. App. Jan. 23, 2008).

Therefore, the district court was without authority to act on his motions. See Tex. R. App. P. 25.2(g).

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). __________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Pemberton and Waldrop Filed: March 26, 2008