Opinion
No. 04-11-00695-CR
10-05-2011
IN RE Armando ZAPATA
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 2011-CR-0335, styled State of Texas v. Armando Zapata, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
PER CURIAM Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Steven C. Hilbig, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On September 20, 2011, relator Armando Zapata filed a petition for writ of mandamus, complaining of the trial court's failure to rule on various pro se motions. However, counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined. A criminal defendant is not entitled to hybrid representation. See 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). A trial court has no legal duty to rule on pro se motions or petitions filed with regard to a criminal proceeding in which the defendant is represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on relator's pro se motions filed in the criminal proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).
PER CURIAM DO NOT PUBLISH