Opinion
No. 04-10-00570-CR
Delivered and Filed: August 11, 2010. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.
This proceeding arises out of Cause No. 2009-CR-9830, styled State of Texas v. Forest Holmes, pendingin the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.
Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
On August 3, 2010, relator Forest Holmes filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his pro se motion for new trial. 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 is denied. TEX. R. APP. P. 52.8(a). Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for a writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator's motion for leave to file is DENIED as moot.