Court of Appeals of Texas, 2012

in Re Erica Dawn Haywood, Relator

in Re Erica Dawn Haywood, Relator
Court of Appeals of Texas · Decided June 13, 2012
in Re Erica Dawn Haywood, Relator

Opinion

MEMORANDUM OPINION

No. 04-12-00322-CR

IN RE Erica Dawn HAYWOOD

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: June 13, 2012

PETITION FOR WRIT OF MANDAMUS AND MOTION FOR EMERGENCY

RELIEF ARE DENIED

On May 24, 2012, Relator Erica Dawn Haywood filed a petition for writ of mandamus and motion for emergency relief, complaining of the trial court’s failure to rule on various pro se motions. However, counsel has been appointed to represent Relator in the criminal proceeding pending in the trial court for which she 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 motions filed in the criminal proceeding pending in the trial court. Accordingly, the petition for writ of mandamus and motion for emergency relief are denied. TEX. R. APP. P. 52.8(a).

PER CURIAM

DO NOT PUBLISH

1 This proceeding arises out of Cause No. 2011CR4672, styled State of Texas v. Erica Dawn Haywood, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.

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