in Re Ali Mayberry, Relator

MEMORANDUM OPINION

No. 04-12-00508-CR

IN RE Ali MAYBERRY

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Delivered and Filed: August 22, 2012

PETITION FOR WRIT OF MANDAMUS DENIED

On August 9, 2012, relator Ali Mayberry filed a pro se petition for writ of mandamus, complaining of the trial court’s failure to rule on several pending petitions for writ of habeas corpus relief. Attached to Mayberry’s petition is a motion filed by his court-appointed attorney adopting certain pro se motions and one pro se writ filed by Mayberry; however, it does not appear that all of the habeas petitions referenced in the mandamus petition were adopted by Mayberry’s court-appointed attorney. In any event, 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. Moreover, we conclude Mayberry’s court-appointed attorney is also counsel for any original proceeding on the issue presented. See In re Wells, No. 04-08-00899-CR, 2008 WL 5412380, at *1 (Tex. App.—San Antonio Dec. 23, 2008, orig. proceeding). Accordingly, the petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).

PER CURIAM

DO NOT PUBLISH