Opinion
No. 01-03-00778-CV.
Opinion issued August 7, 2003.
Original Proceeding on Petition for Writ of Mandamus.
John Paul Martinze SPN # 01176160, 701 San Jacinto, Cell 7N1-6 Houston, TX 77002, for relator.
The Honorable Don R. Stricklin 337th District Court 1201 Franklin, 15th Floor, Houston, TX 77002, for respondent.
Panel consists of Justices TAFT, JENNINGS, and HANKS.
MEMORANDUM OPINION
Relator, John Paul Martinez, requests that this Court compel Judge Don Stricklin to rule on various pro se motions that he filed in the trial court. Relator is charged with capital murder in cause number 932595 in the 337th District Court of Harris County. We deny the petition.
The Honorable Don Stricklin is the elected judge of the 337th District Court of Harris County.
First, the petition does not comply with the Texas Rules of Appellate Procedure. It does not certify that a copy was served on the respondent, and it does not include an appendix. See Tex.R.App.P. 9.5, 52.
Second, even if the petition complied with the rules, we would still deny it. A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). Respondent has no duty to rule on relator's pro se motions because relator is represented by court-appointed counsel in the trial court and has no right to hybrid representation. Scarbrough v. State, 777 S.W.2d 83, 92 (Tex.Crim.App. 1989).
The petition for writ of mandamus is denied.
It is so ORDERED.