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MEMORANDUM OPINION
No. 04-09-00699-CR
IN RE Eloy LOPEZ, Jr.
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Steven C. Hilbig, Justice
Delivered and Filed: November 11, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On October 29, 2009, relator Eloy Lopez, Jr. filed a petition for writ of mandamus, seeking
to compel the trial court to rule on his pro se motion to set aside the indictment.
However, counsel has been appointed to represent relator in the criminal proceeding pending
in the trial court for which he is currently confined.2 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 a pro
… This proceeding arises out of Cause No. 2009-CR-9913, styled State of Texas v. Eloy Lopez in the 187th
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Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.
… Attorney George Preece was appointed on September 3, 2009 to represent relator in the criminal
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proceeding pending in the trial court.
04-09-00699-CR
se motion 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 to rule on relator’s pro se motion that relates directly to his confinement based on the
criminal proceeding pending in the trial court. Accordingly, relator’s petition for writ of mandamus
is denied. TEX . R. APP . P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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