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MEMORANDUM OPINION
No. 04-09-00566-CR
IN RE Jason MIEARS
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Delivered and Filed: October 7, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On September 8, 2009, relator Jason Miears filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his motion to dismiss counsel, objection to an
expert, and petition for writ of habeas corpus. However, on September 24, 2009, the trial court
denied relator’s motion to dismiss his counsel. Therefore, we DENY AS MOOT relator’s petition
for writ of mandamus as it pertains to his motion to dismiss counsel.
As to relator’s remaining complaints, counsel has been appointed to represent relator in the
criminal proceeding pending in the trial court for which he is currently confined. A criminal
… This proceeding arises out of Cause No. 2009-CR-6566, styled State v. Jason Miears, pending in the 379th
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Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-09-00566-CR
defendant is not entitled to hybrid representation of any form. See Dunn v. State, 819 S.W.2d 510,
525 (Tex. Crim. App. 1991); see also 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). Consequently, the trial court
did not abuse its discretion by declining to rule on relator’s pro se objection and petition filed in the
criminal proceeding pending in the trial court. Therefore, we conclude that relator has not shown
himself entitled to mandamus relief. Accordingly, the petition is denied. TEX . R. APP . P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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