Opinion
NO. 14-20-00778-CR
11-24-2020
IN RE SAYANTAN GHOSE, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
122nd District Court Galveston County, Texas
Trial Court Cause No. 17CR2032
MEMORANDUM OPINION
On November 16, 2020, relator Sayantan Ghose 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 replace the Honorable John Ellisor, presiding judge of the 122nd District Court of Galveston County, with another judge in Harris County or Fort Bend County.
Relator's petition indicates that he is represented by court-appointed counsel. Relator has no right to hybrid representation, and we may disregard relator's pro se petition for writ of mandamus. Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). 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.2d 481, 498 (Tex. Crim. App. 1995). In fact, our court denied a previous petition for writ of mandamus filed by relator for this reason. See In re Ghose, No. 14-20-00464-CR, 2020 WL 3863188 (Tex. App.—Houston [14th Dist.] July 9, 2020, orig. proceeding) (per curiam) (mem. op., not designated for publication).
Additionally, a party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request." In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding) (per curiam); In re Le, 335 S.W.3d 808, 814-15 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding). "As a rule, mandamus is not available to compel an action which has not first been demanded and refused." Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991). Relator is not entitled to mandamus relief because he has not provided this court with a record showing that he presented his request to the trial court and that the trial court refused it.
Our court has also applied this rule to mandamus proceedings in criminal cases. See e.g., In re Jones, No. 14-19-00071-CR, 2019 WL 758430, at *3 (Tex. App.—Houston [14th Dist.] Feb. 21, 2019, orig. proceeding) (per curiam) (mem. op., not designated for publication).
For these reasons, we deny relator's petition for writ of mandamus.
PER CURIAM Panel consists of Justices Christopher, Wise, and Hassan.
Do Not Publish — Tex. R. App. P. 47.2(b).