Opinion
No. 04-08-00669-CR
Delivered and Filed: September 24, 2008. DO NOT PUBLISH.
Original Mandamus Proceeding. PETITION FOR WRIT OF MANDAMUS DENIED.
This proceeding arises out of Cause No. 2008-CR-7316-B, styled The State of Texas v. Mark A. Martinez, pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Bert Richardson presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
Relator Mark Martinez filed a petition for writ of mandamus, complaining of the trial court's failure to rule on various motions. Relator has been appointed counsel to represent him in the trial court. We conclude that relator's appointed counsel in the trial court is also his counsel for an original proceeding on the issue presented. To obtain mandamus relief in a criminal matter, the relator must establish: (1) the act sought to be compelled is ministerial rather than discretionary in nature, and (2) there is no adequate remedy at law. Deleon v. District Clerk, 187 S.W.3d 473, 474 (Tex.Crim.App. 2006). Respondent has no ministerial duty to rule on relator's pro se motion because relator is represented by appointed counsel and 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). Consequently, the respondent did not violate a ministerial duty by declining to rule on relator's motion. Therefore, this court has determined that relator is not entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).