Opinion
01-22-00486-CR
10-04-2022
IN RE JOSEPH T. ROBERTS, Relator
Do not publish. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Landau, Hightower, and Rivas-Molloy.
MEMORANDUM OPINION
PER CURIAM
Joseph T. Roberts has filed a petition for writ of mandamus, seeking both mandamus and injunctive relief, concerning his detention pursuant to the trial court's February 17, 2022 order finding him incompetent to stand trial and committing him to a mental health facility for a period not to exceed 120 days for restoration of competence. See Tex. Code Crim. Proc. art. 46B.073 (permitting trial court upon finding of incompetence to commit defendant to mental health facility for restoration of competence).
The underlying case is The State of Texas v. Joseph T. Roberts, cause numbers 21DCR0095 and 21DCR0097, pending in the 253rd District Court of Chambers County, Texas, the Honorable Chap B. Cain, III, presiding.
Although Roberts has filed this petition pro se, the trial court's record filed in his appeals (appellate case numbers 01-22-00208-CR and 01-22-00209-CR) indicate that counsel was appointed for Roberts and there is no documentation showing that counsel has withdrawn. Accordingly, the petition presents nothing for this Court to review because a criminal defendant is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995).
We deny the petition for writ of mandamus. See Tex. R. App. P. 52.8. Any pending motions are dismissed as moot.