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

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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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PER CURIAM DO NOT PUBLISH

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