Opinion
No. 04-10-00549-CR
Delivered and Filed: August 11, 2010. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.
This proceeding arises out of Cause No. 2008-CR-7180, styled State of Texas v. Jonathan Mims, pendingin the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori Valenzuela presiding.
Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On July 27, 2010, relator Jonathan Mims filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his pro se motion for speedy trial. 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 pro se motion filed in the criminal proceeding pending in the trial court. Accordingly, the petition is denied. TEX. R. APP. P. 52.8(a).