in Re Quinn Watkins ( 2013 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-13-00824-CR
    IN RE Quinn WATKINS
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Catherine Stone, Chief Justice
    Marialyn Barnard, Justice
    Patricia O. Alvarez, Justice
    Delivered and Filed: November 27, 2013
    PETITION FOR WRIT OF MANDAMUS DENIED
    Relator Quinn Watkins filed this pro se petition for writ of mandamus on November 21,
    2013, complaining of the trial court’s failure to rule on pending motions in his underlying criminal
    proceeding. Relator has been appointed trial counsel to represent him in connection with his
    pending criminal charges. We conclude that any original proceeding on the issue presented should
    be brought 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. Shipley, 
    877 S.W.2d 806
    , 806 (Tex. App.—Houston [1st Dist.]
    1
    This proceeding arises out of Cause No. 2011CR9561, styled The State of Texas v. Quinn Watkins, pending in the
    399th Judicial District Court, Bexar County, Texas, the Honorable Ray Olivarri presiding.
    04-13-00824-CR
    1994, orig. proceeding). Accordingly, relator’s petition for writ of mandamus is denied. See TEX.
    R. APP. P. 52.8(a).
    Additionally, 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 in this court. TEX. R. APP. P. 52.
    Therefore, relator’s motion for leave to file is denied as moot.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-13-00824-CR

Filed Date: 11/27/2013

Precedential Status: Precedential

Modified Date: 10/16/2015