in Re Donald Ray McIntosh ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00600-CR
IN RE Donald Ray MCINTOSH
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: August 29, 2008
PETITION FOR WRIT OF MANDAMUS DENIED
On August 12, 2008, relator Donald Ray McIntosh filed a petition for writ of mandamus
seeking to compel the trial court to rule on his pro se Motion for Speedy Trial, Petition for Writ of
Habeas Corpus Release for Delay of Prosecution and Illegal Restraint, and Petition for Writ of
Habeas Corpus Dismiss for Failure to Provide a Constitutional Speedy Trial or to dismiss with
prejudice the underlying criminal cases. We conclude trial counsel is also relator’s counsel for an
original proceeding on the issue presented. 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 petition will be treated as presenting nothing for this court’s
1
This proceeding arises out of Cause Nos. 220291, 220292, and 220294, styled The State of Texas v. Donald
Ray McIntosh, in County Court No. 7, Bexar County, the Honorable Monica Guerrero presiding.
04-08-00600-CR
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 is denied. Relator’s motion for leave to file
the petition for writ of mandamus is denied as moot.
PER CURIAM
DO NOT PUBLISH
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