in Re Roland L. Taylor, Relator

 

 

 

 

 

 

 

MEMORANDUM OPINION

 

No. 04-11-00212-CR

 

IN RE Roland L. TAYLOR

 

Original Mandamus Proceeding[1]

 

PER CURIAM

 

Sitting:          Catherine Stone, Chief Justice

                     Karen Angelini, Justice

                     Phylis J. Speedlin, Justice

               

Delivered and Filed:  April 6, 2011

 

PETITION FOR WRIT OF MANDAMUS DENIED

 

           On March 23, 2011, relator filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his pro se motion to discover criminal record of witness.  However, relator has retained counsel to represent him 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 motion 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).

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DO NOT PUBLISH

 

 



[1] This proceeding arises out of Cause Nos. 2010-CR-11033 & 2010-CR-11034, styled State of Texas v. Roland L. Taylor, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.