Opinion
No. 04-09-00680-CR
Delivered and Filed: November 4, 2009. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.
This proceeding arises out of Cause No. 2007-CR-7441-W, styled State of Texas v. Laurence C. Armstead, in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A.Vasquez-Gardner presiding.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On October 22, 2009, relator Laurence C. Armstead filed a petition for writ of mandamus, seeking to compel the trial court to rule on his pro se "Motion to Reduce State Jail Felony to Misdemeanor." However, counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined. A criminal defendant is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on a pro se motion filed with regard to a criminal proceeding in which the defendant is represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on relator's pro se motion that relates directly to his confinement based on the criminal proceeding pending in the trial court. Accordingly, relator's petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).
Attorney Sharon Thorn was appointed to represent relator in the criminal proceeding pending in the trial court.