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In re Coca

Court of Appeals of Texas, Fourth District, San Antonio
May 11, 2011
No. 04-11-00265-CR (Tex. App. May. 11, 2011)

Opinion

No. 04-11-00265-CR

Delivered and Filed: May 11, 2011. DO NOT PUBLISH.

Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.

This proceeding arises out of Cause No. 2009-CR-9772, styled State of Texas v. Joshua Coca, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus McGinty presiding.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


On April 7, 2011, relator filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his pro se motion to reduce bond. 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 pro se motions or petitions 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 filed in the criminal proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).


Summaries of

In re Coca

Court of Appeals of Texas, Fourth District, San Antonio
May 11, 2011
No. 04-11-00265-CR (Tex. App. May. 11, 2011)
Case details for

In re Coca

Case Details

Full title:IN RE Joshua COCA

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: May 11, 2011

Citations

No. 04-11-00265-CR (Tex. App. May. 11, 2011)