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McDuffie v. State

Court of Appeals of Texas, Beaumont
Apr 16, 1992
830 S.W.2d 220 (Tex. App. 1992)

Opinion

No. 09-88-284 CR.

April 16, 1992.

Appeal from the 258th District Court, San Jacinto County, Joe Ned Dean, J.

Charles Freeman, Houston, for appellant.

Robert Hill Trapp, Criminal Dist. Atty., Coldspring, for state.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

ORDER


We have before the Court a Motion filed by Dwight McDuffie, appellant acting pro se, to Strike Pleadings. The Court finds that at all times material hereto Mr. Charles Freeman has been and remains counsel for Mr. McDuffie.

Appellant does not have the right to "hybrid" representation which is defined as representation partly by counsel and partly by self. See Landers v. State, 550 S.W.2d 272, 280 (Tex.Crim.App. 1977) (op. on reh'g). Since the appellant is not entitled to hybrid representation on appeal, we refuse to address the motion before the Court. See Rudd v. State, 616 S.W.2d 623, 625 (Tex.Crim.App. 1981). We, therefore, refuse to consider this pro se Motion to Strike Pleadings because the appellant is adequately represented by counsel. Busselman v. State, 713 S.W.2d 711 (Tex.App. — Houston [1st Dist.] 1986, no pet.). It is therefore,

ORDERED that the appellant's pro se Motion to Strike Pleadings be dismissed.

MOTION DISMISSED FROM DOCKET.


Summaries of

McDuffie v. State

Court of Appeals of Texas, Beaumont
Apr 16, 1992
830 S.W.2d 220 (Tex. App. 1992)
Case details for

McDuffie v. State

Case Details

Full title:Dwight McDUFFIE, Appellant, v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Beaumont

Date published: Apr 16, 1992

Citations

830 S.W.2d 220 (Tex. App. 1992)