in Re Phillip Harvey ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00746-CR
IN RE Phillip HARVEY
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Jason Pulliam, Justice
Delivered and Filed: December 9, 2015
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Phillip Harvey filed this pro se petition for writ of mandamus on November 19,
2015, complaining of the trial court’s failure to set the underlying criminal proceeding for trial.
Relator has not established a clear right to the relief sought. See In re State ex rel. Weeks, 391
S.W.3d 117, 122 (Tex. Crim. App. 2013). In addition, relator has been appointed trial counsel to
represent him in connection with the criminal charges currently pending against him. We conclude
that any original proceeding on the issue raised should be presented by relator’s trial 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.
1
This proceeding arises out of Cause No. 2013CR11060, styled The State of Texas v. Phillip Harvey, pending in the
399th Judicial District Court, Bexar County, Texas, the Honorable Ray Olivarri presiding.
04-15-00746-CR
Shipley, 877 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).
PER CURIAM
DO NOT PUBLISH
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