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In re Herrera

Court of Appeals of Texas, Fourth District, San Antonio
Jul 30, 2008
No. 04-08-00486-CR (Tex. App. Jul. 30, 2008)

Opinion

No. 04-08-00486-CR

Delivered and Filed: July 30, 2008. DO NOT PUBLISH.

Original Mandamus Proceeding. PETITION FOR WRIT OF MANDAMUS DENIED.

This proceeding arises out of Cause Nos. 2008-CR-1192 2008-CR-1193, styled The State of Texas v. Felix Herrera, Jr., pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.

Sitting: ALMA L. LÓPEZ, Chief, Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


Felix Herrera, Jr. has filed a pro se petition for writ of mandamus asking this court to compel the trial court to rule on his motion to quash his indictments which relator states that he filed on June 9, 2008. According to the information available in the underlying causes, Shawn Sheffield has been appointed to represent Herrera. Herrera is not entitled to hybrid representation — partially pro se and partially by counsel. Robinson v. State, 240 S.W.3d 919, 922 (Tex.Crim.App. 2007). "[A]s a consequence, [the] trial court is free to disregard any pro se motions presented by [Herrera]." Id. Because Herrera has appointed counsel, he must look to his counsel for representation. Accordingly, the petition for writ of mandamus is denied.

The information available in the underlying causes also shows that they are set for trial on August 18, 2008.


Summaries of

In re Herrera

Court of Appeals of Texas, Fourth District, San Antonio
Jul 30, 2008
No. 04-08-00486-CR (Tex. App. Jul. 30, 2008)
Case details for

In re Herrera

Case Details

Full title:IN RE Felix HERRERA, Jr

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

Date published: Jul 30, 2008

Citations

No. 04-08-00486-CR (Tex. App. Jul. 30, 2008)