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In re Toles

Court of Appeals of Texas, Fourth District, San Antonio
Jul 25, 2007
No. 04-07-00452-CV (Tex. App. Jul. 25, 2007)

Opinion

No. 04-07-00452-CV

Filed: July 25, 2007.

Original Mandamus Proceeding.

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.


Summaries of

In re Toles

Court of Appeals of Texas, Fourth District, San Antonio
Jul 25, 2007
No. 04-07-00452-CV (Tex. App. Jul. 25, 2007)
Case details for

In re Toles

Case Details

Full title:IN RE Johnny TOLES

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

Date published: Jul 25, 2007

Citations

No. 04-07-00452-CV (Tex. App. Jul. 25, 2007)