in Re Josephus Duncan ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00709-CR
IN RE Josephus DUNCAN
Original Mandamus Proceeding1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 11, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Josephus Duncan has filed a pro se petition for writ of mandamus, seeking to compel
the trial court to rule on his pro se “Motion in Limine - Enhancement Counts,” “Motion for
Quantitative Weight Analysis,” and “Motion to Set Aside Indictment.” However, Duncan is
represented by retained counsel in the criminal proceeding pending in the trial court for which he is
currently confined. A criminal defendant is not entitled to hybrid representation. See Robinson v.
State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007). A trial court has no legal duty to rule on a pro
se motion filed with regard to a criminal proceeding in which the defendant is represented by
1
… This proceeding arises out of Cause No. 2009-CR-6325, styled The State of Texas v. Josephus Duncan,
pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
04-09-00709-CR
counsel. Id. Consequently, the trial court did not abuse its discretion by declining to rule on relator’s
pro se motions that relate directly to his confinement based on the criminal proceeding pending in
the trial court. Accordingly, relator’s petition for writ of mandamus is denied. TEX . R. APP . P.
52.8(a).
PER CURIAM
DO NOT PUBLISH
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