Court of Civil Appeals of Texas, 2020

in Re Phillip West

in Re Phillip West
Court of Civil Appeals of Texas · Decided February 26, 2020

in Re Phillip West

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-20-00105-CR IN RE Phillip WEST Original Mandamus Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Beth Watkins, Justice Delivered and Filed: February 26, 2020 PETITION FOR WRIT OF MANDAMUS DENIED Relator filed a petition for writ of mandamus in which he asserts the trial court has failed to rule on several motions in his underlying criminal case. 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 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PER CURIAM Do not publish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. 2018CR13174, styled The State of Texas v. Phillip West, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Frank J. Castro presiding.

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