Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00538-CR
IN RE John G. LEYVA
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: September 21, 2016
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed this petition for writ of mandamus on August 24, 2016, alleging the trial court
had failed to rule on motions he filed in April, 2015. On September 14, 2016, Respondent, the
Honorable Delbert R. Roberts, filed with this court copies of an order appointing counsel for
Relator and an order setting Relator’s motions for hearing.
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
1
This proceeding arises out of Cause No. CR-130661, styled State of Texas v. John G. Leyva, pending in the County
Court, Kimble County, Texas, the Honorable Delbert Ray Roberts presiding.
04-16-00538-CR
at 922. Consequently, the trial court did not abuse its discretion by declining to rule on Relator’s
pro se motions. 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DO NOT PUBLISH
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