Opinion
14-22-00034-CR
02-15-2022
IN RE MANUEL AMBROCIO, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS 208th District Court Harris County, Texas Trial Court Cause No. 1739407
Panel consists of Justices Jewell, Bourliot, Poissant.
MEMORANDUM OPINION
PER CURIAM.
On January 21, 2022, relator Manuel Ambrocio filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Greg Glass, presiding judge of the 208th District Court of Harris County, to provide him a speedy trial.
To be entitled to mandamus relief, a relator must show (1) that the relator has no adequate remedy at law for obtaining the relief relator seeks; and (2) what the relator seeks to compel involves a ministerial act rather than a discretionary act. Powell v. Hocker, 516 S.W.3d 488, 494‒95 (Tex. Crim. App. 2017) (orig. proceeding).
Relator is represented by counsel. A defendant is not entitled to hybrid representation, and, as a consequence, a trial court is free to disregard any pro se motions presented by a defendant who is represented by counsel. Jenkins v. State, 592 S.W.3d 894, 902 n.47 (Tex. Crim. App. 2018). Moreover, in the absence of a right to hybrid representation, relator's pro se petition for writ of mandamus presents nothing for this court's review. See Patrick v. State, 906 S.W.3d 481, 498 (Tex. Crim. App. 1995); Turner v. State, 805 S.W.2d 423, 425 n.1 (Tex. Crim. App. 1991).
Even if relator were not represented by counsel, relator nonetheless would not be entitled to mandamus relief. A defendant may raise any complaint that the trial court violated his right to a speedy trial in a direct appeal. In re Prado, 522 S.W.3d 1, 2 (Tex. App.-Dallas 2017, orig. proceeding); In re Wood, No. 01-03-00839-CV, 2003 WL 22100710, at *1 (Tex. App.-Houston [1st Dist.] Sept. 11, 2003, orig. proceeding) (mem. op.). Therefore, relator has not established that he does not have an adequate remedy at law. See Prado, 522 S.W.3d at 2; Wood, 2003 WL 22100710, at *1.