in Re Joe Rafael Jimenez Junior, Relator

MEMORANDUM OPINION

No. 04-12-00119-CR

IN RE Joe Rafael JIMENEZ, Jr.

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Delivered and Filed: March 14, 2012

PETITION FOR WRIT OF MANDAMUS DENIED

On February 24, 2012, relator Joe Rafael Jimenez, Jr. filed a petition for writ of mandamus, contending he filed a writ of habeas corpus in the trial court and asking that we dismiss the charges against him. 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 or petitions 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PER CURIAM DO NOT PUBLISH