Court of Appeals of Texas, 2012

in Re Johnny Lee Youngblood, Relator

in Re Johnny Lee Youngblood, Relator
Court of Appeals of Texas · Decided February 22, 2012
in Re Johnny Lee Youngblood, Relator

Opinion

MEMORANDUM OPINION

No. 04-12-00065-CR

IN RE Johnny Lee YOUNGBLOOD

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: February 22, 2012

PETITION FOR WRIT OF MANDAMUS DENIED

On January 31, 2012, relator Johnny Lee Youngblood filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his various pro se motions. 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PER CURIAM DO NOT PUBLISH

1 This proceeding arises out of Cause No. 2011-CR-8218, styled State of Texas v. Johnny Lee Youngblood, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Roman presiding.

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