MEMORANDUM OPINION
No. 04-12-00619-CR
IN RE Billy ETHINGTON
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: October 10, 2012
PETITION FOR WRIT OF MANDAMUS DENIED
On September 25, 2012, relator Wilbert P. Stewart filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his pro se petition for writ of habeas corpus.
However, counsel has been 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
1
This proceeding arises out of Cause Nos. 2012-CR-2040 and 2011-CR-6447, styled State of Texas v. Billy
Ethington, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Ramon presiding.
04-12-00619-CR
abuse its discretion by declining to rule on relator’s pro se petition for writ of habeas corpus filed
in the 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DO NOT PUBLISH
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