in Re Amir Powell ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00168-CR
IN RE Amir POWELL
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Beth Watkins, Justice
Delivered and Filed: April 1, 2020
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed a pro se petition for writ of mandamus and an application for leave to file his
petition. We deny as moot relator’s request to file a petition for writ of mandamus because leave
is not required to file a petition in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re
Medina, 04-19-00041-CR, 2019 WL 360534, at *1 (Tex. App.—San Antonio Jan. 30, 2019, no
pet.).
In his petition, relator asks this court to direct the trial court to release him from custody.
Relator is represented by trial counsel below; therefore, he is not entitled to hybrid representation.
Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). The absence of a right to hybrid
representation means relator’s pro se mandamus petition will be treated as presenting nothing for
1
This proceeding arises out of Cause No. 2019CR11442, styled The State of Texas v. Amir Powell, pending in the
227th Judicial District Court, Bexar County, Texas, the Honorable Kevin M. O’Connell presiding.
04-20-00168-CR
this court’s review. See id.; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston
[1st Dist.] 1994, orig. proceeding). Accordingly, relator’s petition for writ of mandamus is denied.
See TEX. R. APP. P. 52.8(a).
PER CURIAM
Do not publish
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