Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00107-CR
IN RE Johnnie Lee FRANKS
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 27, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
On February 11, 2013, Relator Johnnie Lee Franks filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on various pro se motions. However, on January
25, 2013, attorney Ivan Friedman was appointed to represent relator in the criminal proceeding
pending in the trial court for which he is currently confined. A criminal defendant is not entitled
to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007);
Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to
rule on pro se motions or petitions filed with regard to a criminal proceeding in which the
defendant is represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial
court did not abuse its discretion by declining to rule on Relator’s pro se motions filed in the
1
This proceeding arises out of Cause No. 2012-CR-10183, styled State of Texas v. Johnnie Lee Franks, pending in
the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.
04-13-00107-CR
criminal proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is
denied. TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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