in Re David John Guardiola ( 2018 )


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  •                                 Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00843-CR
    IN RE David John GUARDIOLA
    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 28, 2018
    PETITION FOR WRIT OF MANDAMUS DENIED
    Relator filed a petition for writ of mandamus in which he asks this court to direct the trial
    court to rule on his motion for a bail reduction. 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    Do not publish
    1
    This proceeding arises out of Cause No. 18-0831-CR-A and 18-0832-CR-A, styled The State of Texas v. David John
    Guardiola, pending in the 2nd 25th Judicial District Court, Guadalupe County, Texas, the Honorable Jessica Crawford
    presiding.
    

Document Info

Docket Number: 04-18-00843-CR

Filed Date: 11/28/2018

Precedential Status: Precedential

Modified Date: 11/29/2018