Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00749-CR
IN RE Steven Mitchell GARY
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 5, 2014
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Steven Mitchell Gary filed this pro se petition for writ of mandamus on October
27, 2014, complaining of the trial court’s failure to rule on pending motions in the underlying
criminal proceeding. Relator has been appointed trial counsel to represent him in connection with
the criminal charges pending against him. We conclude that any original proceeding on the issue
raised should be presented by relator’s trial counsel. Relator is not entitled to hybrid representation.
See 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
this court’s review. See id.; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston
1
This proceeding arises out of Cause No. 2014CR2945, styled The State of Texas v. Steven Mitchell Gary, pending in
the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary D. Roman presiding.
04-14-00749-CR
[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DO NOT PUBLISH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-