Court of Appeals of Texas, 2011

in Re Stephen Richardson, Relator

in Re Stephen Richardson, Relator
Court of Appeals of Texas · Decided July 27, 2011
in Re Stephen Richardson, Relator

Opinion

MEMORANDUM OPINION

No. 04-11-00472-CR

IN RE Stephen RICHARDSON

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Delivered and Filed: July 27, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

On July 7, 2011, relator Stephen Richardson filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on various pro se motions. 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 pro se motions or petitions 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 filed in the criminal proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).

PER CURIAM DO NOT PUBLISH

1 This proceeding arises out of Cause No. 2010-CR-10629, styled State of Texas v. Stephen Richardson, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.

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