in Re Kevin P. Bonner, Relator ( 2010 )

MEMORANDUM OPINION
No. 04-10-00822-CR
IN RE Kevin P. BONNER
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 15, 2010
PETITION FOR WRIT OF MANDAMUS DENIED
On November 12, 2010, relator Kevin Bonner filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his pro se motion to withdraw from plea
bargain agreement and motion to enter judgment and sentence nunc pro tunc. 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
1
This proceeding arises out of Cause No. 2009-CR-12380, styled State of Texas v. Kevin P. Bonner, pending in the
227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
04-10-00822-CR
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 motions filed in the criminal
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DO NOT PUBLISH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-