Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00139-CR
IN RE Walter FISK
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: March 25, 2015
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Walter Fisk filed this pro se petition for writ of mandamus on March 12, 2015,
complaining of the trial court’s denial of his motion to dismiss the underlying criminal proceeding
for failure to provide a speedy trial. Relator has been appointed trial counsel to represent him in
connection with the pending criminal charges. We conclude that any original proceeding on the
issue raised should be presented by relator’s trial counsel. Relator is not entitled to hybrid
representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995) (en banc). The
absence of a right to hybrid representation means relator’s pro se mandamus petition will be treated
as presenting nothing for this court’s review. See id.; see also Gray v. Shipley, 877 S.W.2d 806,
1
This proceeding arises out of Cause No. 2014CR3772, styled The State of Texas v. Walter Fisk, pending in the 227th
Judicial District Court, Bexar County, Texas, the Honorable Kevin M. O’Connell presiding.
04-15-00139-CR
806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Accordingly, relator’s petition for
writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
Additionally, relator filed an application for leave to file his petition for writ of mandamus.
No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52.
Therefore, relator’s application for leave to file is denied as moot.
PER CURIAM
DO NOT PUBLISH
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