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In re Jimenez

Court of Appeals of Texas
Mar 14, 2012
No. 04-12-00119-CR (Tex. App. Mar. 14, 2012)

Opinion

No. 04-12-00119-CR

03-14-2012

IN RE Joe Rafael JIMENEZ, Jr.


MEMORANDUM OPINION

Original Mandamus Proceeding

This proceeding arises out of Cause No. 2011-CR-7653, styled State of Texas v. Joe Rafael Jimenez, Jr., pending in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori I. Valenzuela presiding.

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice
PETITION FOR WRIT OF MANDAMUS DENIED

On February 24, 2012, relator Joe Rafael Jimenez, Jr. filed a petition for writ of mandamus, contending he filed a writ of habeas corpus in the trial court and asking that we dismiss the charges against him. However, 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 or petitions 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).

PER CURIAM DO NOT PUBLISH


Summaries of

In re Jimenez

Court of Appeals of Texas
Mar 14, 2012
No. 04-12-00119-CR (Tex. App. Mar. 14, 2012)
Case details for

In re Jimenez

Case Details

Full title:IN RE Joe Rafael JIMENEZ, Jr.

Court:Court of Appeals of Texas

Date published: Mar 14, 2012

Citations

No. 04-12-00119-CR (Tex. App. Mar. 14, 2012)