Court of Civil Appeals of Texas, 2010

in Re Johnathan Taylor, Relator

in Re Johnathan Taylor, Relator
Court of Civil Appeals of Texas · Decided June 30, 2010

in Re Johnathan Taylor, Relator

Opinion

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MEMORANDUM OPINION No. 04-10-00464-CR IN RE Johnathan TAYLOR Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: June 30, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On June 22, 2010, Jonathan Taylor, relator, filed a pro se petition for a writ of mandamus, asking this court to direct the trial court to set a trial date in the underlying criminal proceeding.

Counsel has been appointed to represent relator in the trial court. We conclude that appointed counsel for relator is also his counsel for an original proceeding on the issue presented.

Relator is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). The absence of a right to hybrid representation means relator’s pro se petition for writ of mandamus will be treated as presenting nothing for this court’s consideration. See

This proceeding arises out of Cause No. 2009-CR-7592, styled State of Texas v. Johnathan Taylor, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.

04-10-00464-CR id.; see also Gray v. Shipley, 877 S.W.2d 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Consequently, this court has determined that relator is not entitled to the relief sought.

Therefore, the petition is denied. TEX . R. APP . P. 52.8(a).

PER CURIAM DO NOT PUBLISH

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