Opinion
No. 04-07-00452-CV
Filed: July 25, 2007.
This proceeding arises out of Cause No. 2006-CR-5431, styled The State of Texas v. Johnny Toles, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
On July 3, 2007, relator Johnny Toles filed a pro se petition for a writ of mandamus asking this court to order the trial court to rule on numerous pre-trial motions filed in his criminal case. Counsel has been appointed to represent the relator in the trial court. We conclude that the relator's court-appointed trial counsel is also his counsel for any mandamus proceeding on the issue presented. The relator does not have a right to hybrid representation. See Scheanette v. State, 144 S.W.3d 503, 505 n. 2 (Tex.Crim.App. 2004) (citing Patrick v. State, 906 S.W.2d 481, 498 (Tex.Crim.App. 1995)); Gray v. Shipley, 877 S.W.2d 806, 806 (Tex.App.-Houston [1st Dist.] 1994, orig. proceeding). Accordingly, the relator's petition for a writ of mandamus is denied. Because no leave is required to file a petition for a writ of mandamus in this court, we deny the relator's motion for leave to file his petition as moot.