Opinion
No. 04-13-00341-CR
06-12-2013
In re Ruben NERIO, Jr.
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause Nos. 2005CR1231 and 2005CR1529, styled State of Texas v. Ruben Nerio, Jr., filed in the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus McGinty presiding.
PER CURIAM Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Rebeca C. Martinez, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On May 30, 2013, relator Ruben Nerio, Jr., filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his pro se petition for writ of habeas corpus. However, on April 3, 2013, attorney Scott McCrum was appointed to represent relator in the criminal proceedings 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 in 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 not ruling on relator's pro se petition for writ of habeas corpus. Accordingly, relator's petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM DO NOT PUBLISH