Opinion issued May 27, 2009
In The
Court of Appeals
For The
First District of Texas
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NO. 01-09-00234-CR
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IN RE JAVIER SOLIS, JR. Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator has filed in this Court a pro se petition for writ of mandamus asking that we order respondent trial court judge to set bail, to grant application for writ of habeas corpus, conduct an evidentiary hearing, and to conduct a suppression hearing in trial court cause number 774496. Relator also requests a writ of prohibition.
First, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include a designation of the parties, a complete list of all parties, a table of contents, an index of authorities, an appendix that contains a certified or sworn copy of any order or opinion complained of , or any other document showing the matter complained of and relator does not certify that he has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record. See Tex. R. App. P. 9.5, 52.3(j)(k).
Although we generously read a pro se litigant’s petition in an original proceeding we will hold “the relator to the same procedural standards we apply to other litigants.” Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). In this case, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. See id. at p. 426.
Moreover, relator is represented by appointed counsel, Roland B. Moore, III, in the trial court. Relator is not entitled to hybrid representation. See Gray v. Shipley, 877 S.W.2d 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding); Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. 1981).
Therefore the petition for writ of mandamus and the request for a writ of prohibition are denied.
Any pending motions are denied as moot.
PER CURIAM
Panel consists of Justices Keyes, Hanks, and Bland.
Do not publish. Tex. R. App. P. 47.2(b).