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MEMORANDUM OPINION

No. 04-08-00486-CR IN RE Felix HERRERA, Jr. Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: July 30, 2008 PETITION FOR WRIT OF MANDAMUS DENIED Felix Herrera, Jr. has filed a pro se petition for writ of mandamus asking this court to compel the trial court to rule on his motion to quash his indictments which relator states that he filed on June 9, 2008. According to the information available in the underlying causes, Shawn Sheffield has been appointed to represent Herrera. Herrera is not entitled to hybrid representation - partially pro se and partially by counsel. Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). “[A]s a consequence, [the] trial court is free to disregard any pro se motions presented by [Herrera].” Id.

This proceeding arises out of Cause Nos. 2008-CR-1192 & 2008-CR-1193, styled The State of Texas v. Felix Herrera, Jr., pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.

04-08-00486-CR Because Herrera has appointed counsel, he must look to his counsel for representation. Accordingly, the petition for writ of mandamus is denied.2 PER CURIAM

DO NOT PUBLISH

The information available in the underlying causes also shows that they are set for trial on August 18, 2008.

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