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In re Taylor

Court of Appeals of Texas, Fourth District, San Antonio
May 19, 2010
No. 04-10-00347-CR (Tex. App. May. 19, 2010)

Opinion

No. 04-10-00347-CR

Delivered and Filed: May 19, 2010. DO NOT PUBLISH.

Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.

This proceeding arises out of Cause No. 2009-CR-7592, styled The State of Texas v. Jonathan Taylor, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.

Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


On May 4, 2010, relator, Johnathan Taylor, filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his pro se request for a speedy trial. 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 request. Accordingly, relator's petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).


Summaries of

In re Taylor

Court of Appeals of Texas, Fourth District, San Antonio
May 19, 2010
No. 04-10-00347-CR (Tex. App. May. 19, 2010)
Case details for

In re Taylor

Case Details

Full title:IN RE Johnathan TAYLOR, Relator

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

Date published: May 19, 2010

Citations

No. 04-10-00347-CR (Tex. App. May. 19, 2010)