in Re Lawrence Burleson ( 2021 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-21-00411-CR
    IN RE Lawrence BURLESON, Relator
    Original Proceeding 1
    PER CURIAM
    Sitting:          Rebeca C. Martinez, Chief Justice
    Beth Watkins, Justice
    Lori I. Valenzuela, Justice
    Delivered and Filed: October 6, 2021
    PETITION FOR WRIT OF MANDAMUS DENIED
    On September 27, 2021, relator filed a pro se petition for writ of mandamus in which he
    also requests leave to file the petition. We deny as moot relator’s request to file a petition for writ
    of mandamus because leave is not required to file a petition in an intermediate appellate court. See
    TEX. R. APP. P. 52.1; In re Medina, 04-19-00041-CR, 
    2019 WL 360534
    , at *1 (Tex. App.—San
    Antonio Jan. 30, 2019, no pet.) (mem. op.).
    Relator is awaiting trial in three criminal cause numbers, and he is represented by counsel
    in each. In his petition, relator raises several complaints; however, he is not entitled to hybrid
    representation because he is represented by trial counsel below. 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
    1
    This proceeding arises out of Cause Nos. 2019CR12076, 2019CR12077, and 2019CR11800, styled The State of
    Texas v. Lawrence Burleson, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable
    Jefferson Moore presiding.
    04-21-00411-CR
    se mandamus petition will be treated as presenting nothing for this court’s 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 pro se petition for writ of mandamus is denied. See TEX. R.
    APP. P. 52.8(a).
    Relator is encouraged to refrain from filing further pro se petitions regarding his pending
    criminal proceedings in which he is represented by counsel.
    PER CURIAM
    Do not publish
    -2-
    

Document Info

Docket Number: 04-21-00411-CR

Filed Date: 10/6/2021

Precedential Status: Precedential

Modified Date: 10/12/2021