MEMORANDUM OPINION
No. 04-12-00165-CR
IN RE Wayne Charles TRETTER
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: April 11, 2012
PETITION FOR WRIT OF MANDAMUS DENIED
On March 14, 2012, relator Wayne Charles Tretter filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on various pro se motions. 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 abuse its
1
This proceeding arises out of Cause No. 2010-CR-9935, styled State of Texas v. Wayne Charles Tretter, pending in
the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus McGinty presiding.
04-12-00165-CR
discretion by declining to rule on relator’s pro se motions 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DO NOT PUBLISH
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