Opinion
No. 04-08-00087-CR
Delivered and Filed: February 27, 2008. DO NOT PUBLISH.
Original Mandamus Proceeding PETITION FOR WRIT OF MANDAMUS DENIED.
This proceeding arises out of Cause No. 230268, styled State of Texas v. Shawn Bean, pending in County Court No. 2, Bexar County, Texas, the Honorable H. Paul Canales presiding.
Sitting: ALMA L. LÓPEZ, CHIEF Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
In a pro se petition, Shawn Bean seeks a writ of mandamus compelling the trial court to rule on various pre-trial motions in his criminal case. Bean is represented by counsel in the trial court. A criminal defendant has no right to proceed pro se and be represented by counsel at the same time. See Patrick v. State, 906 S.W.2d 481, 498 (Tex.Crim.App. 1995). We conclude trial counsel is also counsel for any mandamus petition on the issue presented and Bean's petition presents nothing for this court's consideration. See id.; Gray v. Shipley, 877 S.W.2d 806, 806 (Tex.App.-Houston [1st Dist.] 1994, orig. proceeding). Accordingly, the petition is denied. See Tex. R. App. P. 52.8(a).