Opinion
No. 04-10-00607-CR
Delivered and Filed: September 8, 2010. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.
The court is aware that relator's counsel Michael Sawyer has filed a motion to withdraw as counsel. However, the trial court has not yet ruled on the motion. Therefore, Michael Sawyer remains relator's counsel until the trial court rules on his motion to withdraw.
Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
On August 20, 2010, relator David Salinas filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his various pro se motions. However, relator has retained counsel to represent him 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 various pro se motions filed in the criminal proceeding pending in the trial court. Accordingly, the petition is denied. TEX. R. APP. P. 52.8(a).
The court is aware that relator's counsel Michael Sawyer has filed a motion to withdraw as counsel. However, the trial court has not yet ruled on the motion. Therefore, Michael Sawyer remains relator's counsel until the trial court rules on his motion to withdraw.