Opinion
04-22-00555-CR 04-22-00558-CR04-22-00559-CR
07-15-2024
Martin MERCADO, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas Trial Court Nos. 2019-CR-9451, 2019-CR-9449, & 2019-CR-9450 Honorable Catherine Torres-Stahl, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice
ORDER
Beth Watkins, Justice
Appellant has filed a pro se motion requesting an extension of time to file motions for rehearing and en banc consideration. Appellant is represented by Mr. Dean A. Diachin. Mr. Diachin filed a motion for rehearing on July 5, 2024. That motion is pending in this court. In Texas, appellants do not have a right to hybrid representation. Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. 1981); see also Robinson v. State, 240 S.W.3d 919, 921 (Tex. Crim. App. 2007) (defining hybrid representation as "representation partly by counsel and partly by self"). Therefore, appellant's pro se motion is DENIED.
The Honorable Patricia O. Alvarez, who was a member of the panel that decided this appeal, did not participate in the panel's or the en banc court's consideration of appellant's motion prior to her retirement effective June 30, 2024. See Tex. R. App. P. 41.2, 49.3. Justice Alvarez's successor, the Honorable Lori Massey Brissette, participated in the en banc court's consideration of appellant's motion. See id. R. 41.2.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of July, 2024.