in Re David Cepeda Jones, Relator

MEMORANDUM OPINION

No. 04-12-000288-CR

IN RE David Cepeda JONES

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: May 23, 2012

PETITION FOR WRIT OF MANDAMUS DENIED

On May 9, 2012, Relator David Cepeda Jones filed a petition for writ of mandamus complaining of the trial court’s refusal to set his case for trial after numerous requests by Relator. 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 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PER CURIAM DO NOT PUBLISH