Opinion
No. 01-04-00225-CR.
Opinion issued March 25, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK, and Justices ALCALA and BLAND.
MEMORANDUM OPINION
Relator Booker T. Dickerson requests that this Court compel respondent, Hon. Michael Wilkinson, to rule on various pro se motions that relator filed in cause number 975135, currently pending in the 179th District Court. Relator concedes that he is represented by court-appointed counsel in the district court. However, relator is dissatisfied with his counsel's performance because counsel has not presented relator's pro se motions to the trial court for a ruling. Relator does not have the right to hybrid representation, that is, to both represent himself and be represented by counsel. Gray v. Shipley, 877 S.W.2d 806 (Tex. App.-Houston [1st Dist.] 1994, orig. proceeding); Rudd v. State, 616 S.W.2d 623, 625 (Tex.Crim.App. 1981). Moreover, a trial court has no duty to search for counsel agreeable to a defendant. King v. State, 29 S.W.3d 556, 566 (Tex.Crim.App. 2000). Relator's petition has not provided us with a record showing that the trial court has any legal duty that it has failed to perform. In the absence of a legal duty of respondent to perform a nondiscretionary act, relator is not entitled to mandamus relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding). In addition, relator's petition does not comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.5, 52.3. The petition for writ of mandamus is therefore denied. It is so ORDERED.