in Re Terrance Fletcher, Relator ( 2010 )

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MEMORANDUM OPINION
No. 04-10-00612-CR
IN RE Terrance FLETCHER
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: September 8, 2010
PETITION FOR WRIT OF MANDAMUS DENIED
On August 24, 2010, relator Terrance Fletcher filed a petition for writ of mandamus,
complaining of the trial court’s failure to grant his pro se motions for speedy trial. However, counsel
has been retained by relator to represent him 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
1
… This proceeding arises out of Cause No. 2010-CR-1384, styled State of Texas v. Terrance Fletcher, pending
in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
04-10-00612-CR
to rule on relator’s pro se motion 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DO NOT PUBLISH
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