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In re Marty Flores

Court of Appeals of Texas, Fourth District, San Antonio
Jun 29, 2011
No. 04-11-00386-CR (Tex. App. Jun. 29, 2011)

Opinion

No. 04-11-00386-CR

Delivered and Filed: June 29, 2011. DO NOT PUBLISH.

Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.

This proceeding arises out of Cause No. 2011-CR-2855, styled State of Texas v. Marty Flores, pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


On June 2, 2011, relator filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his various pro se motions. 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 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).


Summaries of

In re Marty Flores

Court of Appeals of Texas, Fourth District, San Antonio
Jun 29, 2011
No. 04-11-00386-CR (Tex. App. Jun. 29, 2011)
Case details for

In re Marty Flores

Case Details

Full title:IN RE Marty FLORES

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

Date published: Jun 29, 2011

Citations

No. 04-11-00386-CR (Tex. App. Jun. 29, 2011)