Court of Civil Appeals of Texas, 2010

in Re Johnathan Taylor, Relator

in Re Johnathan Taylor, Relator
Court of Civil Appeals of Texas · Decided May 19, 2010

in Re Johnathan Taylor, Relator

Opinion

MEMORANDUM OPINION No. 04-10-00347-CR IN RE Johnathan TAYLOR, Relator Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: May 19, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On May 4, 2010, relator, Johnathan Taylor, filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his pro se request for a speedy trial. 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

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

04-10-00347-CR

discretion by declining to rule on relator’s pro se request. 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DO NOT PUBLISH

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