MEMORANDUM OPINION No. 04-12-00348-CR IN RE Luis Ray JARAMILLO Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: June 20, 2012 PETITION FOR WRIT OF MANDAMUS DENIED On June 7, 2012, Relator Luis Ray Jaramillo filed a petition for writ of mandamus complaining of the trial court’s failure to rule on a speedy trial motion. 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. 2012-CR-3425 and 2012-CR-3246, styled State of Texas v. Luis Ray Jaramillo, pending in the 290th Judicial District Court, Bexar County, Texas, the Honorable Melisa Skinner presiding.

04-12-00348-CR

abuse its discretion by declining to rule on Relator’s pro se motion 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 no publish

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