Court of Civil Appeals of Texas, 2008

in Re Jesse Finney

in Re Jesse Finney
Court of Civil Appeals of Texas · Decided March 26, 2008

in Re Jesse Finney

Opinion

MEMORANDUM OPINION




No. 04-08-00116-CR


IN RE Jesse FINNEY


Original Mandamus Proceeding (1)


PER CURIAM



Sitting: Alma L. López, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice



Delivered and Filed: March 26, 2008



PETITION FOR WRIT OF MANDAMUS DENIED

In a pro se mandamus petition, Jesse Finney asks us to compel the trial court to rule on several pretrial motions in his criminal case. Counsel has been appointed to represent Finney in the trial court. A criminal defendant is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). We conclude that trial counsel is also Finney's counsel for any original proceeding on the issue presented. See id.; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Accordingly, Finney's petition will be treated as presenting nothing for this court's consideration. See Patrick, 906 S.W.2d at 498. The petition is denied. See Tex. R. App. P. 52.8(a).

PER CURIAM

DO NOT PUBLISH

1. This proceeding arises out of Cause No. 2007-CR-4226, styled The State of Texas v. Jesse Finney, pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Bert Richardson presiding.

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