Court of Appeals of Texas, 2011

in Re Jesse Ramirez, Relator

in Re Jesse Ramirez, Relator
Court of Appeals of Texas · Decided July 13, 2011 · No. 04-11-00431-CR
in Re Jesse Ramirez, Relator

Opinion

MEMORANDUM OPINION

No. 04-11-00431-CR

IN RE Jesse RAMIREZ

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: July 13, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

On June 22, 2011, relator Jesse Ramirez 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PER CURIAM DO NOT PUBLISH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-8528-A, styled State of Texas v. Jesse Ramirez, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus K. McGinty presiding.

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