Ex Parte Craig Demetrius Porter ( 2016 )


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  • Petition for Writ of Habeas Corpus Denied and Memorandum Opinion filed
    April 12, 2016.
    In The
    Fourteenth Court of Appeals
    NO. 14-16-00237-CR
    EX PARTE CRAIG DEMETRIUS PORTER, Relator
    ORIGINAL PROCEEDING
    WRIT OF HABEAS CORPUS
    263rd District Court
    Harris County, Texas
    Trial Court Cause No. 1374093
    MEMORANDUM OPINION
    On March 24, 2016, relator Craig Demetrius Porter filed a petition for writ of
    habeas corpus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see
    also Tex. R. App. P. 52. In the petition, relator asks this court to compel the
    Honorable Jim Wallace, presiding judge of the 263rd District Court of Harris
    County, to dismiss the charges against relator because of the trial court’s alleged
    denial of his right to a speedy trial.
    Attached to relator’s petition is a “Motion to Dismiss: Speedy Trial” because
    of the excessive delay in providing defendant a timely trial. The motion is signed by
    relator’s counsel, Jerome Godinich Jr., and is dated December 11, 2015.
    A criminal defendant is not entitled to hybrid representation. 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). The absence of a right to hybrid representation
    means that a relator’s pro se petition should be treated as presenting nothing for this
    court’s review. See Gray v. Shipley, 
    877 S.W.2d 806
    (Tex. App.—Houston [1st
    Dist.] 1994, orig. proceeding); In re Harrison, 14-15-00370-CV, 
    2015 WL 5935816
    ,
    at *2 (Tex. App.—Houston [14th Dist.] Oct. 13, 2015, orig. proceeding).
    Because relator is represented by counsel, we deny relator’s petition for writ
    of habeas corpus.
    PER CURIAM
    Panel consists of Justices Christopher, McCally, and Busby.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-16-00237-CR

Filed Date: 4/12/2016

Precedential Status: Precedential

Modified Date: 4/18/2016