Opinion
No. 04-15-00139-CR
03-25-2015
IN RE Walter FISK
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Rebeca C. Martinez, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2014CR3772, styled The State of Texas v. Walter Fisk, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Kevin M. O'Connell presiding.
Relator Walter Fisk filed this pro se petition for writ of mandamus on March 12, 2015, complaining of the trial court's denial of his motion to dismiss the underlying criminal proceeding for failure to provide a speedy trial. Relator has been appointed trial counsel to represent him in connection with the pending criminal charges. We conclude that any original proceeding on the issue raised should be presented by relator's trial counsel. Relator is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995) (en banc). The absence of a right to hybrid representation means relator's pro se mandamus petition will be treated as presenting nothing for this court's review. See id.; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Accordingly, relator's petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
Additionally, relator filed an application for leave to file his petition for writ of mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator's application for leave to file is denied as moot.
PER CURIAM DO NOT PUBLISH