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In re Polak

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
No. 04-08-00330-CR (Tex. App. May. 21, 2008)

Opinion

No. 04-08-00330-CR

Delivered and Filed: May 21, 2008. DO NOT PUBLISH

Original Mandamus Proceeding PETITION FOR WRIT OF MANDAMUS DENIED

This proceeding arises out of Cause No. 2008-CR-2474 and 2008-CR-2475, styled State of Texas v. Jan Polak, pending in the 290th Judicial District Court, Bexar County, Texas, the Honorable Sharon MacRae presiding.

Sitting: ALMA L. L Oacute;PEZ, Chief Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


On May 13, 2008, relator Jan Polak filed a petition for writ of mandamus seeking to compel the trial court to rule on certain pro se motions in the criminal proceedings pending below. Counsel has been appointed to represent relator in the trial court. We conclude that relator's appointed counsel is also counsel for an original proceeding on the issue presented. Relator is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex.Crim.App. 1995). The absence of a right to hybrid representation means relator's pro se mandamus petition will be treated as presenting nothing for this court's consideration. See id.; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex.App.-Houston [1st Dist.] 1994, orig. proceeding). We conclude relator is not entitled to the relief sought. Accordingly, relator's petition for a writ of mandamus is denied. Tex. R. App. P. 52.8(a). Relator is encouraged to refrain from filing further pro se petitions regarding these criminal proceedings.


Summaries of

In re Polak

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
No. 04-08-00330-CR (Tex. App. May. 21, 2008)
Case details for

In re Polak

Case Details

Full title:IN RE Jan POLAK

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

Date published: May 21, 2008

Citations

No. 04-08-00330-CR (Tex. App. May. 21, 2008)