MEMORANDUM OPINION
No. 04-10-00745-CR
IN RE Raymond DAVILA
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Delivered and Filed: November 17, 2010
PETITION FOR WRIT OF MANDAMUS DENIED
On October 18, 2010, relator Raymond Davila Jones filed a petition for writ of
mandamus, complaining of the trial court’s failure to rule on his pro se “Motion for Forensic
DNA Testing” that was filed in the trial court August 16, 2010. However, counsel has been
appointed to represent relator in filing a motion for DNA testing. 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, we
cannot conclude the trial court abused its discretion by declining to rule on relator’s pro se
1
This proceeding arises out of Cause No. 1993-CR-3696, styled State of Texas v. Raymond Davila, in the 175th
Judicial District Court, Bexar County, Texas, the Honorable Mary Román presiding.
04-10-00745-CR
motion at this time. 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DO NOT PUBLISH
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