in Re Dennis Gaskin ( 2010 )

Opinion issued July 20, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00401-CR

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IN RE dennis gaskin, Relator

Original Proceeding on Petition for Writ of Mandamus    

MEMORANDUM OPINION

          Relator, Dennis Gaskin, has filed in this Court a pro se document styled "application for writ of mandamus."  We construe relator's document as a petition for writ of mandamus.[1]  Relator complains that respondent has not acted on his pro se "application for writ of habeas corpus to reduce bond" filed in trial court cause number 1254247.  Relator requests that this Court order respondent to conduct a hearing on his writ and to transmit his writ to the Court of Criminal Appeals.  We deny the petition for writ of mandamus.

          First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 9.5, 52.3(j).  In addition, there are three prerequisites for the issuance of a writ of mandamus by an appellate court, namely:  (1) the lower court must have a legal duty to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request.  Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).  Relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused.

          Moreover, relator is represented by appointed counsel in the trial court.[2]  Relator is not entitled to hybrid representation.  See Gray v. Shipley, 877 S.W.2d 806 (Tex. App.CHouston [1st Dist.] 1994, orig. proceeding); Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. 1981).   

          Therefore, we deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Hanks.

Do not publish.   Tex. R. App. P. 47.2(b).

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[1]           Relator does not name the respondent.  The Honorable  Shawna L. Reagin is the presiding judge of the 176th District Court, Harris County, Texas.

[2]           The trial court appointed counsel, Michael Paul Nassif, to represent appellant in trial court cause number 1254247 which is assigned to the 176th District Court.