in Re Raymond Isaac Uribe, Relator ( 2012 )


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  •                                  MEMORANDUM OPINION
    No. 04-12-00544-CR
    IN RE Raymond Isaac URIBE
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Catherine Stone, Chief Justice
    Rebecca Simmons, Justice
    Marialyn Barnard, Justice
    Delivered and Filed: September 5, 2012
    PETITION FOR WRIT OF MANDAMUS DENIED
    On August 27, 2012, relator Raymond Isaac Uribe filed a petition for writ of mandamus,
    complaining trial court denied his motion for an examining trial and has failed to set the case for
    an examining trial. 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
    .
    1
    This proceeding arises out of Cause No. 152268, styled State of Texas v. Raymond Isaac Uribe, in the 227th
    Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
    04-12-00544-CR
    Consequently, the trial court did not abuse its discretion by failing to grant relator’s pro se
    request for an examining trial. Accordingly, the petition for writ of mandamus is denied. TEX.
    R. APP. P. 52.8(a).
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-12-00544-CR

Filed Date: 9/5/2012

Precedential Status: Precedential

Modified Date: 10/16/2015