in Re Deaon Hargrove ( 2010 )


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    MEMORANDUM OPINION
    No. 04-10-00054-CR
    IN RE DEAON HARGROVE
    Original Mandamus Proceeding1
    PER CURIAM
    Sitting:          Catherine Stone, Chief Justice
    Sandee Bryan Marion, Justice
    Rebecca Simmons, Justice
    Delivered and Filed: February 3, 2010
    PETITION FOR WRIT OF MANDAMUS DENIED
    On January 20, 2010, relator filed a petition for writ of mandamus, complaining that his right
    to a speedy trial has been violated and asking this court to order the trial court to commence his trial
    in the underlying criminal proceeding. Counsel has been appointed to represent relator in the trial
    court. We conclude that appointed counsel for relator is also his counsel for an original proceeding
    on the issues 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 for writ of mandamus will be treated as presenting nothing for this court’s consideration.
    … This proceeding arises out of Cause No. 2009-CR-7143, styled The State of Texas v. Deaon Hargrove,
    1
    pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.
    04-10-00054-CR
    See id.; see also Gray v. Shipley, 
    877 S.W.2d 806
    (Tex. App.—Houston [1st Dist.] 1994, orig.
    proceeding). Consequently, this court has determined that relator is not entitled to the relief sought.
    Therefore, the petition is DENIED. TEX . R. APP . P. 52.8(a).
    Relator is encouraged to refrain from filing further pro se petitions regarding his pending
    criminal proceeding.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-10-00054-CR

Filed Date: 2/3/2010

Precedential Status: Precedential

Modified Date: 10/16/2015