in Re Darrick Oliver, Relator ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00778-CR
IN RE Darrick OLIVER
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: December 5, 2012
PETITION FOR WRIT OF MANDAMUS DENIED
On November 16, 2012, relator Darrick Oliver filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his pro se petition for writ of habeas corpus.
However, counsel has been appointed to represent relator in the criminal proceeding pending in
the trial court 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
abuse its discretion by declining to rule on relator’s pro se petition filed in the criminal
1
This proceeding arises out of Cause No. 2012-CR-1844, styled State of Texas v. Darrick Oliver, pending in the
399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.
04-12-00778-CR
proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is denied.
TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
-2-