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MEMORANDUM OPINION No. 04-12-00322-CR IN RE Erica Dawn HAYWOOD Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: June 13, 2012 PETITION FOR WRIT OF MANDAMUS AND MOTION FOR EMERGENCY RELIEF ARE DENIED On May 24, 2012, Relator Erica Dawn Haywood filed a petition for writ of mandamus and motion for emergency relief, complaining of the trial court’s failure to rule on various pro se motions. However, counsel has been appointed to represent Relator in the criminal proceeding pending in the trial court for which she 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 1 This proceeding arises out of Cause No. 2011CR4672, styled State of Texas v. Erica Dawn Haywood, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding. 04-12-00322-CR court did not abuse its discretion by declining to rule on Relator’s pro se motions filed in the criminal proceeding pending in the trial court. Accordingly, the petition for writ of mandamus and motion for emergency relief are denied. TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-
Document Info
Docket Number: 04-12-00322-CR
Filed Date: 6/13/2012
Precedential Status: Precedential
Modified Date: 10/16/2015