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In re Hatchett

Court of Appeals of Texas, Fourth District, San Antonio
Apr 20, 2011
No. 04-11-00258-CR (Tex. App. Apr. 20, 2011)

Opinion

No. 04-11-00258-CR

Delivered and Filed: April 20, 2011. DO NOT PUBLISH.

Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.

This proceeding arises out of Cause No. 2010-CR-5466, styled The State of Texas v. Lionel Hatchett, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


On April 5, 2011, relator Lionel Hatchett filed a motion for leave to file a petition for writ of mandamus and a petition for writ of mandamus, complaining of the trial court's failure to rule on various pro se motions. No leave is required to file a petition for writ of mandamus, therefore we deny the motion for leave to file as moot. Counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined. A criminal defendant is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on pro se motions or petitions filed with regard to a criminal proceeding in which the defendant is represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on relator's pro se motions filed in the criminal proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).


Summaries of

In re Hatchett

Court of Appeals of Texas, Fourth District, San Antonio
Apr 20, 2011
No. 04-11-00258-CR (Tex. App. Apr. 20, 2011)
Case details for

In re Hatchett

Case Details

Full title:IN RE LIONEL HATCHETT

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 20, 2011

Citations

No. 04-11-00258-CR (Tex. App. Apr. 20, 2011)