in Re Fortino Anthony Gutierrez ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00075-CR
IN RE Fortino Anthony GUTIERREZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Patricia O. Alvarez, Justice
Irene Rios, Justice
Delivered and Filed: February 12, 2020
PETITION FOR WRIT OF MANDAMUS DENIED
Relator filed an application for leave to file a petition for writ mandamus and a petition for
writ of mandamus. In his petition, relator asks this court to order the trial court to dismiss the
charges against him and release him from custody.
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.). Relator is represented by trial counsel below; therefore, he is not entitled to hybrid
representation. 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 mandamus petition will be treated as
1
This proceeding arises out of Cause Nos. 2018CR11220 & 2018CR11221, styled The State v. Fortino Antonio
Gutierrez, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Andrew Carruthers
presiding.
04-20-00075-CR
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 petition for writ
of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Do not publish
-2-