Court of Civil Appeals of Texas, 2010

in Re Christopher Cook, Relator

in Re Christopher Cook, Relator
Court of Civil Appeals of Texas · Decided July 7, 2010

in Re Christopher Cook, Relator

Opinion





 

                      • • • •







MEMORANDUM OPINION


No. 04-10-00468-CR

 

IN RE Christopher COOK


Original Mandamus Proceeding


PER CURIAM

 

Sitting:            Catherine Stone, Chief Justice

Phylis J. Speedlin, Justice

                        Marialyn Barnard, Justice

 

Delivered and Filed:   July 7, 2010


PETITION FOR WRIT OF MANDAMUS DENIED

            On June 23, 2010, relator Christopher Cook filed a petition for writ of mandamus, seeking to compel the trial court to rule on his pro se motion for speedy trial, motions for discovery, motion for reduction of bond, motion requesting examining trial, and motion to suppress evidence.

            However, counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined. 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 a pro se motion filed with regard to a criminal proceeding in which the defendant is represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on relator’s pro se motions that relate directly to his confinement based on the criminal proceeding pending in the trial court. Accordingly, relator’s petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).

PER CURIAM

DO NOT PUBLISH

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