in Re Cole Arnold, Relator ( 2010 )

MEMORANDUM OPINION
No. 04-10-00761-CR
IN RE Cole ARNOLD
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: November 3, 2010
PETITION FOR WRIT OF MANDAMUS DENIED
On October 21, 2010, relator Cole Arnold filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his pro se motion to reduce bond. However,
counsel has been appointed to represent relator in the criminal proceeding pending in the trial
court for which he is currently confined. 2 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
1
This proceeding arises out of Cause No. 2010-CR-0566, styled State of Texas v. Eddie Lundy, pending in the 437th
Judicial District Court, Bexar County, Texas, the Honorable Lori Valenzuela presiding.
2
The record indicates that Edward Cano was appointed on July 12, 2010 to represent relator.
04-10-00761-CR
abuse its discretion by declining to rule on relator’s pro se motion 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DO NOT PUBLISH
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