COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: ERIC FLORES |
§ § § § § |
No. 08-07-00088-CR
AN ORIGINAL PROCEEDING IN MANDAMUS |
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator, Eric Flores, has filed a second pro se petition seeking a writ of mandamus to compel the trial court to rule on his pro se writ of habeas corpus. Flores' first petition for writ of mandamus was based on similar grounds and was denied in an unpublished memorandum opinion issued by this Court. See In re Flores, No. 08-07-00019-CR, 2007 WL 687650 (Tex.App.--El Paso March 8, 2007, orig. proceeding)(mem. op., not designated for publication). Since the issuance of our original denial of mandamus, this Court has learned from the trial court's file that Flores has appointed counsel.
Because Flores has appointed trial counsel, Flores is not entitled to both self-representation and representation by counsel. A criminal defendant is not entitled to hybrid representation. See Gray v. Shipley, 877 S.W.2d 806, 806 (Tex.App.--Houston [1st Dist.] 1994, orig. proceeding), citing Rudd v. State, 616 S.W.2d 623, 625 (Tex.Crim.App. 1981). Therefore, Flores' petition for writ of mandamus is denied.
April 12, 2007
DAVID WELLINGTON CHEW, Chief Justice
Before Chew, C.J., McClure, and Carr, JJ.
(Do Not Publish)