Opinion
NO. 01-20-00358-CR
06-30-2020
IN RE DEVIN PAUL COLE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Devin Paul Cole, seeks mandamus relief directing respondent, the Honorable Abigail Anastasio, "to [o]rder a[n] [i]mmediate [h]earing on [relator's] Application for a[n] Emergency Writ of Habeas Corpus Seeking Release from the Harris County Jail on a Personal Recognizance Bond Due to the (COVID-19) Coronavirus" because, among other things, there is "[i]nsufficient [e]vidence" and he has been "over-charged" with the felony offense of "[a]ggravated [a]ssault with a [d]eadly [w]eapon instead of [the] [m]isdemeanor [offense of] [c]riminal [m]ischief."
The underlying case is State of Texas v. Devin Paul Cole, Cause No. 1666250, pending in the 184th District Court of Harris County, Texas, the Honorable Abigail Anastasio presiding.
Relator concedes in his petition for writ of mandamus that he is represented by court-appointed trial counsel below. Accordingly, his pro se mandamus petition presents nothing for this Court's 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); Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston [1st Dist.] 1994, no pet.).
We dismiss relator's petition for want of jurisdiction.
This Court has previously dismissed relator's similar mandamus petition on the same ground. See In re Devin Paul Cole, No. 01-17-00338-CR, 2017 WL 2178889, at *1 (Tex. App.—Houston [1st Dist.] May 18, 2017, orig. proceeding).
PER CURIAM Panel consists of Chief Justice Radack and Justices Lloyd and Countiss. Do not publish. TEX. R. APP. P. 47.2(b).