MEMORANDUM OPINION No. 04-11-00415-CR IN RE Delmar J. PRICE Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: July 13, 2011 PETITION FOR WRIT OF MANDAMUS DENIED On June 15, 2011, relator Delmar J. Price filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on various pro se petitions and 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

This proceeding arises out of Cause No. 2011-CR-1035, styled State of Texas v. Delmar J. Price, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.

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abuse its discretion by declining to rule on relator’s pro se petitions and 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PER CURIAM DO NOT PUBLISH

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