From Casetext: Smarter Legal Research

Ex parte Porter

State of Texas in the Fourteenth Court of Appeals
Apr 12, 2016
NO. 14-16-00237-CR (Tex. App. Apr. 12, 2016)

Opinion

NO. 14-16-00237-CR

04-12-2016

EX PARTE CRAIG DEMETRIUS PORTER, Relator


ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 263rd District Court Harris County, Texas
Trial Court Cause No. 1374093

MEMORANDUM OPINION

On March 24, 2016, relator Craig Demetrius Porter filed a petition for writ of habeas corpus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Jim Wallace, presiding judge of the 263rd District Court of Harris County, to dismiss the charges against relator because of the trial court's alleged denial of his right to a speedy trial.

Attached to relator's petition is a "Motion to Dismiss: Speedy Trial" because of the excessive delay in providing defendant a timely trial. The motion is signed by relator's counsel, Jerome Godinich Jr., and is dated December 11, 2015.

A criminal defendant is not entitled to hybrid representation. 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). The absence of a right to hybrid representation means that a relator's pro se petition should be treated as presenting nothing for this court's review. See Gray v. Shipley, 877 S.W.2d 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding); In re Harrison, 14-15-00370-CV, 2015 WL 5935816, at *2 (Tex. App.—Houston [14th Dist.] Oct. 13, 2015, orig. proceeding).

Because relator is represented by counsel, we deny relator's petition for writ of habeas corpus.

PER CURIAM Panel consists of Justices Christopher, McCally, and Busby.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Ex parte Porter

State of Texas in the Fourteenth Court of Appeals
Apr 12, 2016
NO. 14-16-00237-CR (Tex. App. Apr. 12, 2016)
Case details for

Ex parte Porter

Case Details

Full title:EX PARTE CRAIG DEMETRIUS PORTER, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Apr 12, 2016

Citations

NO. 14-16-00237-CR (Tex. App. Apr. 12, 2016)

Citing Cases

Porter v. State

The record reflects that Porter had not been permitted hybrid representation. SeeEx parte Porter , No.…