in Re Kevin Debnam ( 2020 )


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  •                                 Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-20-00162-CR
    IN RE Kevin DEBNAM
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Irene Rios, Justice
    Liza A. Rodriguez, Justice
    Delivered and Filed: March 25, 2020
    PETITION FOR WRIT OF MANDAMUS DENIED
    Relator filed a pro se petition for writ of mandamus in which he asks this court to direct
    the trial court to set aside its order denying his pro se motion for speedy trial and dismiss his
    underlying cases. Relator also filed a motion for leave to file his petition for writ of mandamus.
    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.). 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
    1
    This proceeding arises out of Cause Nos. 2019CR6484, 2019CR6485, 2019CR6494, & 2019CR6495, styled The
    State of Texas v. Kevin Debnam, pending in the 187th Judicial District Court, Bexar County, Texas, the Honorable
    Stephanie R. Boyd presiding.
    04-20-00162-CR
    presenting nothing for 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    Do not publish
    -2-
    

Document Info

Docket Number: 04-20-00162-CR

Filed Date: 3/25/2020

Precedential Status: Precedential

Modified Date: 3/26/2020