Court of Appeals of Texas, 2011

in Re Roman Sullivan, Relator

in Re Roman Sullivan, Relator
Court of Appeals of Texas · Decided July 6, 2011 · No. 04-11-00414-CR
in Re Roman Sullivan, Relator

Opinion

MEMORANDUM OPINION

No. 04-11-00414-CR

IN RE Roman SULLIVAN

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: July 6, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

On June 15, 2011, relator Roman Sullivan 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 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PER CURIAM DO NOT PUBLISH

1 This proceeding arises out of Cause Nos. 2009-CR-1619 and 2009-CR-2009, styled State of Texas v. Roman Sullivan, pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

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