Opinion
No. 04-09-00235-CR
Delivered and Filed: May 20, 2009. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.
This proceeding arises out of Cause No. 2009-CR-1882, styled State v. John Napoleon, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
Sitting: PHYLIS SPEEDLIN, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On April 23, 2009, relator John Napoleon filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his pro se motion for speedy trial and other 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 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 for speedy trial and other various pro se motions. Therefore, we conclude that relator has not shown himself entitled to mandamus relief. Accordingly, the petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).