Opinion
No. 05-08-00072-CV
Opinion issued February 13, 2008.
Original Proceeding from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F92-26775-SQ.
Before Justices MOSELEY, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Relator contends the trial court has failed to perform the ministerial act of ruling on his pro se May 11, 2007 "Petition for Forensic DNA Testing and Appointment of Counsel." The real party in interest, the State of Texas, supplemented the mandamus record with the trial court's August 30, 2007 "Order Appointing Counsel Under Article 64.01." Such order appointed Michelle Moore to represent relator and instructed her to file a motion for post-conviction DNA testing. Based on the record, the trial court has not failed to perform the ministerial act of ruling on relator's motion. Additionally, relator filed this petition pro se and he is not entitled to hybrid representation. See Ruda v. State, 616 S.W.2d 623,625 (Tex.Crim.App. [Panel Op.] 1981). Accordingly, we DENY relator's petition for writ of mandamus.