Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00635-CR
IN RE Juan M. GARCIA
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: September 25, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Juan M. Garcia filed this pro se petition for writ of mandamus on September 18,
2013, complaining of the trial court’s failure to rule on various motions pending in his criminal
case. 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 presented 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). 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, 806 (Tex. App.—Houston [1st Dist.]
1
This proceeding arises out of Cause No. 2012CR0797, styled The State of Texas v. Juan M. Garcia, pending in the
227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.
04-13-00635-CR
1994, orig. proceeding). Accordingly, relator’s petition for writ of mandamus is denied. See TEX.
R. APP. P. 52.8(a).
Additionally, relator requested 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
request for leave to file is denied as moot.
PER CURIAM
DO NOT PUBLISH
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