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DENY; and Opinion Filed July 9, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00700-CV No. 05-15-00701-CV No. 05-15-00702-CV IN RE WILLIAM RUSSELL DENVER, Relator Original Proceeding from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F12-62195, F12-62196, F14-00186 MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Whitehill Opinion by Justice Whitehill Relator filed this petition for writ of mandamus requesting that the Court order the trial court to rule on his pro se “Motion to Show Cause” and “Motion to Dismiss with Prejudice Due to Prosecutorial Misconduct.” To establish a right to mandamus relief in a criminal case, the relator must show that the trial court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel. Weeks,
391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). Relator is represented by counsel. He is not entitled to hybrid representation. See Rudd v. State,
616 S.W.2d 623(Tex. Crim. App. [Panel Op.] 1981). As a consequence, the trial court has no ministerial duty to rule on any pro se motions he has presented. Robinson v. State,
240 S.W.3d 919, 922 (Tex. Crim. App. 2007). We deny the petition for writ of mandamus. /Bill Whitehill/ BILL WHITEHILL JUSTICE 150700F.P05 –2–
Document Info
Docket Number: 05-15-00701-CV
Filed Date: 7/9/2015
Precedential Status: Precedential
Modified Date: 7/10/2015