in Re Gerald Sanford ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00855-CR
IN RE Gerald SANFORD
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 17, 2014
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Gerald Sanford filed this pro se petition for writ of mandamus on December 9,
2014, complaining of the trial court’s denial of his right to appeal his conviction following a
negotiated plea agreement in the underlying criminal proceeding. Relator has been appointed
counsel to represent him in connection with his criminal charges. We conclude that any original
proceeding on the issue raised should be presented by relator’s appointed counsel. 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 mandamus petition
will be treated as presenting nothing for this court’s review. See id.; see also Gray v. Shipley, 877
1
This proceeding arises out of Cause No. 2012CR10422, styled The State of Texas v. Gerald Sanford, pending in the
399th Judicial District Court, Bexar County, Texas, the Honorable Ray Olivarri presiding.
04-14-00855-CR
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).
Additionally, relator submitted an application for leave to file his petition for writ of
mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP.
P. 52. Therefore, relator’s request for leave to file is denied as moot.
PER CURIAM
DO NOT PUBLISH
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