in Re Tony Alcorta, Relator ( 2010 )

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MEMORANDUM OPINION
No. 04-10-00669-CR
IN RE Tony ALCORTA
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: September 29, 2010
PETITION FOR WRIT OF MANDAMUS DENIED
On September 16, 2010, relator Tony Alcorta filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his pro se “Petition for Writ of Habeas Corpus for
Release Because of Failure to Prosecute and Speedy Trial Violation.” 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
1
… This proceeding arises out of Cause No. 2009-CR-10302, styled State of Texas v. Tony Alcorta, pending
in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita Vasquez-Gardner presiding.
04-10-00669-CR
S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on
relator’s pro se petition filed in the criminal proceeding pending in the trial court. Accordingly, the
petition is denied. TEX . R. APP . P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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