MEMORANDUM OPINION
No. 04-10-00917-CR
IN RE Larry Montoya CANTU
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: February 2, 2011
PETITION FOR WRIT OF MANDAMUS DENIED
On December 23, 2010, relator Larry Montoya Cantu filed a petition for writ of
mandamus. Relator asserts he filed a writ of habeas corpus in the trial court in which he
complains he has never been “personally magistrated.” To the extent relator seeks a writ from
this court ordering that relator be released, the writ is denied. To the extent relator’s complaint is
that the trial court has failed to rule on his writ of habeas corpus, 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.
1
This proceeding arises out of Cause No. 2010-CR-9404, styled State of Texas v. Larry Montoya Cantu, pending in
the 290th Judicial District Court, Bexar County, Texas, the Honorable Melissa Skinner presiding. However, at the
time the petition was filed, the Honorable Sharon Macrae was the presiding judge of the 290th Judicial District
Court, Bexar County, Texas.
04-10-00917-CR
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 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DO NOT PUBLISH
-2-