Opinion
No. 04-09-00615-CR
Delivered and Filed: October 7, 2009. DO NOT PUBLISH
Original Mandamus Proceeding. PETITION FOR WRIT OF MANDAMUS DENIED.
This proceeding arises out of Cause No. 2008-CR-11819, styled State of Texas v. Angel Mendoza, in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.
Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On September 30, 2009, relator Angel Mendoza 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 a pro se motion 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 various pro se motions that relate directly to his confinement based on the criminal proceeding pending in the trial court. Accordingly, relator's petition for writ of mandamus is DENIED. Tex. R. App. P. 52.8(a).