IN RE: JIMMIE LEE GARNER,

RELATOR

Relator Jimmie Lee Garner, acting pro se, filed a petition for writ of mandamus requesting an order requiring the trial court to rule on his motion for DNA testing. The appendix to Relator's mandamus petition includes an order appointing counsel for Relator in the DNA proceeding. Relator is not entitled to hybrid representation. See Ruda v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. [Panel Op.] 1981). Accordingly, we deny Relator's petition for writ of mandamus.

JAMES T. WORTHEN

Chief Justice

Opinion delivered November 26, 2003.

Panel consisted of Worthen, C.J., and DeVasto, J.

Griffith, J., not participating