in Re Leonard Childs




 

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MEMORANDUM OPINION



No. 04-09-00460-CR


IN RE Leonard CHILDS


Original Mandamus Proceeding


PER CURIAM

 

Sitting:            Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice


Delivered and Filed: August 12, 2009


PETITION FOR WRIT OF MANDAMUS DENIED

            On July 29, 2009, relator Leonard Childs filed a petition for writ of mandamus, complaining of the trial court’s failure to: (1) rule on his pro se motion for new trial; (2) rule on his pro se motion to obtain court transcripts; and (3) acknowledge his notice of appeal.

            However, counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined. 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 pro se motions 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 motions that relate directly to his confinement based on the criminal proceeding pending in the trial court.  

            In addition, relator complains of the trial court’s failure to acknowledge relator’s notice of appeal. However, relator’s notice of appeal was filed in this court and his appeal is currently pending in this court in cause number 04-09-00475-CR, styled Leonard Childs v. State of Texas. Therefore, relator’s claim for relief with regard to the notice of appeal is now moot. Accordingly, relator’s petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).  

            Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for a writ of mandamus in this court. Tex. R. App. P. 52. Therefore, relator’s motion for leave to file is DENIED as moot.

PER CURIAM

DO NOT PUBLISH