in Re David Cepeda Jones, Relator ( 2010 )

MEMORANDUM OPINION

No. 04-10-00791-CR

IN RE David CEPEDA JONES

Original Mandamus Proceeding[1]

PER CURIAM

Sitting:          Karen Angelini, Justice

                     Sandee Bryan Marion, Justice

                     Marialyn Barnard, Justice

Delivered and Filed:  November 17, 2010

PETITION FOR WRIT OF MANDAMUS DENIED

           On October 29, 2010, relator David Cepeda Jones 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DO NOT PUBLISH

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[1] This proceeding arises out of Cause No. 2009-CR-12902, styled State of Texas v. David Cepeda Jones, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.