Opinion
NO. 12-12-00061-CR
05-31-2012
In re: WILLIE UPSHAW, RELATOR
ORIGINAL PROCEEDING
MEMORANDUM OPINION
Relator Willie Upshaw filed a petition for writ of mandamus in this court, complaining of the trial court's failure to rule on his pro se "Motion for Forensic DNA Testing" that was filed in the trial court on or about October 31, 2010. Along with his "Motion for Forensic DNA Testing," he also filed a request for appointed counsel.
Relator acknowledges that on January 14, 2011, the trial court appointed counsel to represent Relator in his attempt to obtain postconviction DNA testing in this case. Because the motion for postconviction DNA testing gives rise to the complaint in Relator's petition, Relator must look to appointed counsel for representation in this original proceeding. See In re Watson, No. 07-08-00232-CV, 2008 WL 2583003, at *1 (Tex. App.-Amarillo June 30, 2008, orig. proceeding) (op.). Relator is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). The absence of a right to hybrid representation means Relator's pro se petition for writ of mandamus presents nothing for this court to review. Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). Accordingly, Relator's petition for writ of mandamus is denied. All pending motions are overruled as moot.
SAM GRIFFITH
Justice
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
NO. 12-12-00061-CR
WILLIE UPSHAW, Relator
v.
HON. CHRISTI J. KENNEDY, Respondent
ORIGINAL PROCEEDING
ON THIS DAY came to be heard the petition for writ of mandamus filed by WILLIE UPSHAW,who is the relator in Cause No. 114-2169-06, pending on the docket of the 114th Judicial District Court of Smith County, Texas. Said petition for writ of mandamus having been filed herein on February 6, 2012, and the same having been duly considered, because it is the opinion of this Court that the writ of mandamus should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby DENIED.