in Re Robert Martinez ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00748-CR
IN RE Robert MARTINEZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 6, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
Relator Robert Martinez filed this pro se petition for writ of mandamus on October 28,
2013, complaining of the trial court’s failure to rule on two petitions for writs of habeas corpus
which relator asserts were filed in August 2013 in the underlying criminal case. Relator has been
appointed trial counsel to represent him in connection with the criminal charges pending against
him. We conclude that any original proceeding on the issue presented should be asserted 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.] 1994, orig.
1
This proceeding arises out of Cause No. 2013CR6698, styled The State of Texas v. Robert Martinez, pending in the
186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.
04-13-00748-CR
proceeding). Accordingly, relator’s petition for writ of mandamus is denied. See TEX. R. APP. P.
52.8(a).
Additionally, relator requested leave to file his mandamus petition. 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DO NOT PUBLISH
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