MEMORANDUM OPINION
No. 04-08-00917-CR
IN RE Patrick Keith SCHUH
Original Mandamus Proceedings 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Delivered and Filed: January 28, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On December 18, 2008, relator Patrick Keith Schuh filed a petition for writ of mandamus
complaining of the trial court’s failure to rule on various motions. Mr. Jesus David Garza has
been appointed to represent relator in the trial court. We conclude that relator’s appointed
counsel is also his counsel for an original proceeding on the issues presented.
To obtain mandamus relief in a criminal matter, the relator must establish: (1) the act
sought to be compelled is ministerial rather than discretionary in nature, and (2) there is no
adequate remedy at law. Deleon v. District Clerk, 187 S.W.3d 473, 474 (Tex. Crim. App. 2006).
Respondent has no ministerial duty to rule on relator’s pro se motion because relator is
1
This proceeding arises out of Cause No. 2008-CR-7669, styled State of Texas v. Patrick Keith Schuh,
pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner
presiding.
04-08-00917-CR
represented by appointed counsel and is not entitled to hybrid representation. See Robinson v.
State, 240S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v. State, 906 S.W.2d 481, 498 (Tex.
Crim. App. 1995). Consequently, the respondent did not violate a ministerial duty by declining
to rule on relator’s motion. Therefore, this court has determined that relator is not entitled to the
relief sought, and the petition is DENIED. TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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