in Re Derrick L. Robinson ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00880-CR
IN RE Derrick ROBINSON
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and filed: December 17, 2008
PETITION FOR WRIT OF MANDAMUS DENIED
On December 3, 2008, relator filed an Application for Leave to File Petition for Writ of
Mandamus. No leave is required to file a petition for writ of mandamus; therefore, we DENY the
application for leave to file as moot.
On December 3, 2008, relator filed a petition for writ of mandamus, complaining that the
respondent has not ruled on certain motions filed in his criminal proceeding. Counsel has been
appointed to represent relator in the trial court. We conclude that appointed counsel for relator is
also his counsel for an original proceeding on the issues 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
… This proceeding arises out of Cause No. 2007-CR-6053, styled The State of Texas v. Derrick L. Robinson,
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pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.
04-08-00880-CR
a right to hybrid representation means relator’s pro se petition for writ of mandamus will be treated
as presenting nothing for this court’s consideration. See id.; see also Gray v. Shipley, 877 S.W.2d
806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Consequently, this court has
determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. TEX .
R. APP . P. 52.8(a).
PER CURIAM
Do not publish
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