Opinion
NO. 01-21-00046-CR NO. 01-21-00047-CR NO. 01-21-00048-CR
02-02-2021
IN RE THOMAS GLENN HERMIS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Thomas Hermis, acting pro se, has filed a petition for writ of mandamus, requesting that this Court compel the trial court to perform its ministerial duty and "hear relator's petition for writ of habeas corpus," purportedly filed by relator in the trial court on January 5, 2021.
We dismiss relator's petition for lack of jurisdiction.
The underlying cases are The State of Texas v. Thomas Glenn Hermis, Cause Nos. 1668011, 1668020, and 1670853, in the 209th District Court of Harris County, Texas, the Honorable Brian Warren presiding.
Relator has filed his petition for writ of mandamus pro se. However, our record indicates that in the underlying cases the trial court has entered an "Order Appointing Counsel," providing relator with court-appointed counsel.
Criminal defendants are not entitled to hybrid representation in the same case, and for that reason, relator's pro se petition for writ of mandamus presents nothing for this Court to review. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995) (because appellant was represented by counsel and was not entitled to hybrid representation, appellant's pro se supplemental brief presented nothing for review); Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston [1st Dist.] 1994, no writ) (orig. proceeding) (overruling pro se motion for leave to file mandamus petition because relator was represented by appointed trial counsel and not entitled to hybrid representation). Accordingly, we lack jurisdiction to consider relator's pro se petition for writ of mandamus.
In the alternative, we would deny the petition for failure to comply with Texas Rule of Appellate Procedure 52. It is relator's burden to provide this Court with a record sufficient to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.— Amarillo 2003, orig. proceeding). Rule 52 sets out the requirements for the form and contents of a petition for writ of mandamus. See TEX. R. APP. P. 52. Relator's petition does not include a proper appendix or record. See TEX. R. APP. P. 52.3(k), 52.7. The appendix included with relator's mandamus petition does not include any documents filed with the trial court, and about which he now complains, such as the January 5, 2021 "petition for writ of habeas corpus."
We dismiss relator's petition for writ of mandamus for lack of jurisdiction. All pending motions are dismissed as moot.
PER CURIAM Panel consists of Justices Hightower, Countiss, and Farris. Do not publish. TEX. R. APP. P. 47.2(b).