in Re Ricardo Lawson ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00326-CR
IN RE Ricardo LAWSON
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: May 14, 2014
PETITION FOR WRIT OF MANDAMUS DENIED
On May 5, 2014, relator Ricardo Lawson filed a pro se petition for writ of mandamus
complaining of the trial court’s failure to rule on his pro se motion for speedy trial pending in the
underlying criminal proceeding. However, counsel has been appointed to represent relator in the
criminal proceeding for which he is currently confined. A criminal defendant is not entitled to
hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick
v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on
pro se motions or petitions filed with regard to a criminal proceeding in which the defendant is
represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not
1
This proceeding arises out of Cause No. 2014CR0512, styled The State of Texas v. Ricardo Lawson, pending in the
144th Judicial District Court, Bexar County, Texas.
04-14-00326-CR
abuse its discretion by declining to rule on relator’s pro se motion filed in the pending criminal
matter. Accordingly, the petition for writ of mandamus is denied. 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DO NOT PUBLISH
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