Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00503-CR
IN RE Juan GARCIA
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: August 7, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Juan Garcia filed this pro se petition for writ of mandamus on July 29, 2013,
complaining of the trial court’s denial of his motion to suppress evidence in his criminal case.
Relator has been appointed trial counsel to represent him in connection with the criminal charges
pending against him. 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. 2012CR1531, styled The State of Texas v. Juan Carlos Garcia, pending in
the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.
04-13-00503-CR
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 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 motion for leave to file is denied as moot.
PER CURIAM
DO NOT PUBLISH
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