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MEMORANDUM OPINION
No. 04-09-00300-CR
IN RE Gary AVANT
Original Mandamus Proceeding1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: June 3, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On May 21, 2009, relator Gary Avant filed a petition for writ of mandamus, complaining of
the trial court’s failure to rule on his pro se pretrial petition for writ of habeas corpus. 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 or petitions
filed with regard to a criminal proceeding in which the defendant is represented by counsel. See
… This proceeding arises out of Cause Nos. 2008-CR-1308 and 2008-CR-8981, styled State v.Gary Avant,
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pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-09-00300-CR
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 petition for writ of habeas corpus that relates directly to his confinement
based on 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).
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DO NOT PUBLISH
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