Opinion issued March 22, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00086-CR

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IN RE MICHAEL LAVON GIPSON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator filed in this Court a pro se petition for writ of mandamus asking that we order respondent ⁽¹⁾ to transmit evidence to the trial court, make evidentiary findings, and order the trial court to provide copies of the trial court's findings of fact.

Relator is represented in the trial court on his post conviction DNA motion by appointed counsel, Jerald Graber. Relator is not entitled to hybrid representation. In re Cooks, No. 06-04-00053-CV, slip op. at 2, 2004 WL 905958 (Tex. App.--Texarkana Apr. 29, 2004, orig. proceeding); Gray v. Shipley, 877 S.W.2d 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding); Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. 1981).

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Bland.

Do not publish. Tex. R. App. P. 47.2(b).

1. Respondent is Charles Rosenthal, Jr., District Attorney for Harris County, Texas