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MEMORANDUM OPINION
No. 04-09-00261-CR
IN RE Perry McElroy
Original Mandamus Proceeding1
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: May 20, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On May 7, 2009, relator Perry McElroy filed a petition for writ of mandamus, complaining
of the trial court’s failure to rule on his pro se motion to reduce bond and his pro se 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 and petitions 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
… This proceeding arises out of Cause No. 2008-CR-11409, styled State v. Perry McElroy, pending in the
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379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-09-00261-CR
did not abuse its discretion by declining to rule on relator’s pro se motion to reduce bond and his pro
se petition for writ of habeas corpus that relates directly to his confinement based on the criminal
proceeding in the trial court. Therefore, we conclude relator has not shown himself entitled to
mandamus relief. Accordingly, the 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DO NOT PUBLISH
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