in Re Terrance Fletcher, Relator ( 2010 )


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    MEMORANDUM OPINION
    No. 04-10-00302-CR
    IN RE Terrance FLETCHER
    Original Mandamus Proceeding1
    PER CURIAM
    Sitting:          Karen Angelini, Justice
    Phylis J. Speedlin, Justice
    Rebecca Simmons, Justice
    Delivered and Filed: April 28, 2010
    PETITION FOR WRIT OF MANDAMUS DENIED
    On April 15, 2010, relator Terrance Fletcher filed a pro se petition for a writ of mandamus
    complaining of rulings on several matters allegedly filed in his pending criminal case. Relator’s
    petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example,
    relator’s petition does not include an appendix that contains a certified or sworn copy of any order
    complained of. See TEX . R. APP . P. 52.3(k). Additionally, relator’s petition is not accompanied by
    a certified or sworn copy of every document that is material to relator’s claim for relief and that was
    filed in the underlying proceeding. See TEX . R. APP . P. 52.7(a). In sum, relator has not complied with
    1
    … This proceeding arises out of Cause No. 2010-CR-1384, styled State of Texas v. Terrance Fletcher, pending
    in the 227th Judicial District Court, Bexar County, Texas, the Honorable Phillip A. Kazen, Jr. presiding.
    04-10-00302-CR
    Rule 52.3 and Rule 52.7, and has not provided us with a record that shows he is entitled to
    mandamus relief.
    We also note relator is represented by Mr. Cornelius N. Cox in the underlying proceeding.
    We conclude Mr. Cox is also relator’s counsel for an original proceeding on the issue presented.
    Relator is not entitled to hybrid representation. See Patrick v. State, 
    906 S.W.2d 481
    , 498 (Tex.
    Crim. App. 1995). The absence of a right to hybrid representation means relator’s pro se petition
    presents nothing for our review. See id.; see also Gray v. Shipley, 
    877 S.W.2d 806
    , 806 (Tex.
    App.—Houston [1st Dist.] 1994, orig. proceeding).
    Accordingly, relator’s petition is denied. Relator’s motion for leave to file the petition for a
    writ of mandamus is denied as moot.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-10-00302-CR

Filed Date: 4/28/2010

Precedential Status: Precedential

Modified Date: 10/16/2015