Opinion
NO. 14-14-00643-CR
08-14-2014
IN RE LAWRENCE EDWARD THOMPSON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
209th District Court Harris County, Texas
Trial Court Cause No. 1370098
MEMORANDUM OPINION
On August 8, 2014, relator Lawrence Edward Thompson filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Michael McSpadden, presiding judge of the 209th District Court of Harris County, to rule on his motion for a Franks v. Delaware hearing and pretrial application for writ of habeas corpus.
438 U.S. 154 (1978).
According to the record filed with relator's petition, he is represented by counsel in the underlying criminal proceeding. A criminal defendant is not entitled to hybrid representation. 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). The issues relator raises in his pro se petition for writ of mandamus relate directly to a criminal proceeding in which he is presented by counsel. Therefore, in the absence of a right to hybrid representation, relator has presented nothing for this Court's consideration. See Patrick, 906 S.W.2d at 498.
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.
PER CURIAM Panel Consists of Justices Boyce, Jamison, and Donovan.
Do Not Publish — Tex. R. App. P. 47.2(b).