in Re David Cepeda Jones, Relator ( 2010 )


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  •                                    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
    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.
    04-10-00791-CR
    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    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-10-00791-CR

Filed Date: 11/17/2010

Precedential Status: Precedential

Modified Date: 10/16/2015