Opinion
No. 04-06-00026-CV
Delivered and Filed: February 8, 2006.
This proceeding arises out of Cause No. 928953, styled The State of Texas v. David C. Jones, pending in County Court at Law No. 7, Bexar County, Texas, the Honorable Monica Guerrero presiding.
Petition for Writ of Mandamus Denied.
Sitting: Sarah B. DUNCAN, Justice, Sandee Bryan MARION, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On January 13, 2006, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for writ of mandamus; therefore, we DENY the motion for leave to file as moot.
On January 13, 2006, relator filed a petition for writ of mandamus, complaining that the respondent has improperly ruled on certain motions, has not ruled on certain motions, improperly subjected him to psychiatric evaluations, improperly remanded him without bond, and has failed to either recuse herself or refer his motion to recuse to the presiding judge. Counsel has been appointed to represent relator in the trial court. We conclude that appointed counsel for relator is also his counsel for an original proceeding on the issues presented. Relator is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex.Crim.App. 1995). The absence of a right to hybrid representation means relator's pro se petition for writ of mandamus will be treated as presenting nothing for this court's consideration. See id.; see also Gray v. Shipley, 877 S.W.2d 806 (Tex.App.-Houston [1st Dist.] 1994, orig. proceeding). Consequently, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. Tex.R.App.P. 52.8(a).
Relator is encouraged to refrain from filing further pro se petitions regarding his pending criminal proceeding.