Opinion
No. 04-12-00424-CR
07-25-2012
IN RE Joe Rafael JIMENEZ, Jr.
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause Nos. 2011CR7653 and 2011CR7652, styled The 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: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On July 16, 2012, relator Joe Rafael Jimenez, Jr. filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his pro se "Writ of Habeas Corpus Challenging Illegal Restraint." However, Jimenez acknowledges, and this court has confirmed, that counsel has been appointed to represent relator in the criminal proceedings 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 habeas filed in the criminal proceedings 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PER CURIAM DO NOT PUBLISH