in Re Mark Dukes ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00659-CR
IN RE Mark DUKES
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 4, 2015
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Mark Dukes filed this pro se petition for writ of mandamus on October 22, 2015,
complaining of the trial court’s failure to rule on his application for writ of habeas corpus in the
underlying criminal proceeding. Relator has been appointed trial counsel to represent him in
connection with the criminal charges currently pending against him. We conclude that any original
proceeding on the issue raised should be presented by relator’s trial counsel. Relator is not entitled
to hybrid representation. See 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,
1
This proceeding arises out of Cause No. 2015CR6000A, styled The State of Texas v. Mark Dukes, pending in the
399th Judicial District Court, Bexar County, Texas, the Honorable Ray Olivarri presiding.
04-15-00659-CR
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DO NOT PUBLISH
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