in Re Jose Mederos

i i i i i i MEMORANDUM OPINION No. 04-10-00005-CR IN RE Jose MEDEROS Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: March 3, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On January 5, 2010, relator Jose Mederos filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his pro se motion for a speedy trial. However, counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined.2 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 a pro se motion filed with regard to a criminal proceeding in which the defendant is represented by 1 … This proceeding arises out of Cause No. 2009-CR-10755, styled State of Texas v. Jose Mederos, in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita Vasquez-Gardner presiding. 2 … On December 31, 2009, the trial court appointed Virginia M aurer to represent relator in the criminal proceeding. 04-10-00005-CR 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, relator’s petition for writ of mandamus is denied. TEX . R. APP . P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-