Opinion
NO. 01-17-00338-CR NO. 01-17-00342-CR
05-18-2017
IN RE DEVIN PAUL COLE, Relator
Original Proceedings on Petitions for Writ of Mandamus
MEMORANDUM OPINION
Relator, Devin Paul Cole, has filed a petition for a writ of mandamus seeking to compel the respondent district judge to rule on his pro se pre-trial habeas corpus application, seeking release on a personal recognizance bond, in the underlying criminal proceeding, which was assigned to appellate cause number 01-17-00338- CR. Relator then filed a separate "Application for a[n] Article 17.151 Tx.C.C.P." pre-trial writ of habeas corpus seeking release on personal bond from the same underlying criminal proceeding, which was assigned to appellate cause number 01-17-00342-CR and which we construe as a mandamus petition. In light of relator stating in both petitions that he is represented by court-appointed trial counsel below, his pro se mandamus petitions present nothing for this Court's review because a criminal defendant is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995).
The underlying case is The State of Texas v. Devin Paul Cole, Cause No. 1527907, 338th District Court, Harris County, Texas, the Honorable Ramona Franklin presiding. This Court recently dismissed for want of jurisdiction relator's similar mandamus petition. See In re Devin Paul Cole, No. 01-17-00239-CR, 2017 WL 1504010, at *1 (Tex. App.—Houston [1st Dist.] Apr. 25, 2017, orig. proceeding) (per curiam) (mem. op., not designated for publication).
Accordingly, we dismiss both mandamus petitions for want of jurisdiction.
PER CURIAM Panel consists of Justices Higley, Bland, and Brown. Do not publish. TEX. R. APP. P. 47.2(b).