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In re Harrison

Court of Appeals of Texas, Tenth District
Nov 30, 2022
No. 10-22-00371-CR (Tex. App. Nov. 30, 2022)

Opinion

10-22-00371-CR

11-30-2022

IN RE EMANUEL HARRISON


Do not publish

Original Proceeding

From the 12th District Court Walker County, Texas Trial Court No. 30202

Before Chief Justice Gray, Justice Johnson, and Justice Smith

MEMORANDUM OPINION

TOM GRAY CHIEF JUSTICE

Emanuel Harrison, acting pro se, has presented a Petition for Writ of Mandamus, which was filed on November 10, 2022.

There are procedural problems with this petition, such as no service on the trial court judge, as the respondent, and no service on the State, as the real-party-in-interest, no certification, no record, and no certified or sworn-to copy of any document showing the matter complained of as required by the Rules of Appellate Procedure. See Tex. R. App. P. 9.5, 52.3(j), (k)(1)(A), and 52.7. However, to expedite this decision, we use Rule 2 to suspend the operation of these rules. Tex.R.App.P. 2.

In his petition, Harrison complains that the trial court has not ruled on two pro se motions filed in his underlying criminal proceeding. However, Harrison also indicates that he is represented by counsel who, according to Harrison, will not present Harrison's motions to the trial court for him.

A defendant in a criminal proceeding is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). As long as Harrison is represented by counsel, the trial court has no duty to rule on a pro se motion absent extraordinary circumstances not presented here. See id.

Accordingly, the Petition for Writ of Mandamus, filed on November 10, 2022, is denied.

Petition denied


Summaries of

In re Harrison

Court of Appeals of Texas, Tenth District
Nov 30, 2022
No. 10-22-00371-CR (Tex. App. Nov. 30, 2022)
Case details for

In re Harrison

Case Details

Full title:IN RE EMANUEL HARRISON

Court:Court of Appeals of Texas, Tenth District

Date published: Nov 30, 2022

Citations

No. 10-22-00371-CR (Tex. App. Nov. 30, 2022)