Opinion
No. 04-07-00217-CV
Delivered and filed: April 18, 2007.
This proceeding arises out of Cause Nos. 2006-CR-3128-B, 2006-CR-3125, 2006-CR-6116, and 2006-CR-6117, styled The State of Texas v. Jesse Mendez, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.
PETITION FOR WRIT OF MANDAMUS DENIED.
Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
On March 28, 2007, 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 March 28, 2007, relator filed a petition for writ of mandamus, asking this court to order the trial court to rule on his pro se (1) Motion to Set Aside Indictment and (2) Petition of Application for Pre-Trial Writ of Habeas Corpus-Imprisoned Without Probable Cause. Mr. Ray Harris Adams 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.
To obtain mandamus relief in a criminal matter, the relator must establish that (1) the act sought to be compelled is ministerial rather than discretionary in nature and (2) there is no adequate remedy at law. Dickens v. Second Court of Appeals, 727 S.W.2d 542, 548 (Tex.Crim.App. 1987). Respondent has no duty to rule on relator's pro se motions because relator is represented by appointed counsel, and relator is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex.Crim.App. 1995). Consequently, the respondent did not violate a ministerial duty by declining to rule on relator's various motions. Therefore, this court has determined that relator is not entitled to the relief sought, and 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 proceedings.