in Re Erica Dawn Haywood, Relator ( 2012 )


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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    DO NOT PUBLISH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