Court of Civil Appeals of Texas, 2019

in Re John Michael Pope

in Re John Michael Pope
Court of Civil Appeals of Texas · Decided March 6, 2019

in Re John Michael Pope

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00108-CR IN RE John Michael POPE Original Mandamus Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: March 6, 2019 PETITION FOR WRIT OF MANDAMUS DENIED Relator filed a pro se “Writ of Mandamus Compelling District Court to Act on Filed Motions and Set for Trial,” in which he complains the trial court has failed to rule on his pro se motions, including a motion for speedy trial. Relator is represented by trial counsel below; therefore, he is not entitled to hybrid representation. Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). The absence of a right to hybrid representation means relator’s pro se mandamus petition will be treated as presenting nothing for this court’s review. See id.; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding).

Accordingly, relator’s pro se petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM Do not publish This proceeding arises out of Cause No. 2018CR12867, styled The State of Texas v. John Michael Pope, Jr., pending in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori I. Valenzuela presiding.

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