In Re Jason Michael Badyrka v. the State of Texas ( 2023 )

Opinion issued April 20, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00235-CR
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IN RE JASON MICHAEL BADYRKA, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Jason Michael Badyrka, incarcerated and acting pro se, filed a petition for writ
of mandamus seeking to compel the trial court to (1) provide findings of fact and
conclusions of law supporting the court’s order denying Badyrka’s motion to
suppress confession and (2) direct supplementation of the appellate record to include
certain items Badyrka asserts have been omitted.1
Badyrka is represented by appointed counsel in his pending appeal of his
criminal conviction. Badyrka’s pro se petition for writ of mandamus thus presents
nothing for our Court to review because a criminal defendant is not entitled to hybrid
representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995)
(because appellant was represented by counsel and was not entitled to hybrid
representation, appellant’s pro se supplemental brief presented nothing for review);
Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston [1st Dist.] 1994, no
writ) (orig. proceeding) (overruling pro se motion for leave to file mandamus
petition because relator was represented by appointed trial counsel and not entitled
to hybrid representation); see also In re De La O, No. 04-16-00826-CR, 2017 WL
95925, at *1 (Tex. App.—San Antonio Jan. 11, 2017, orig. proceeding) (mem. op,
not designated for publication)
Accordingly, we deny Badyrka’s petition for writ of mandamus. Any pending
motions are dismissed as moot.
1
The underlying case is The State of Texas v. Jason Michael Badyrka, cause number
20-CR-2912, in the 405th District Court of Galveston County, Texas, the Honorable
Jared Robinson presiding.
PER CURIAM
Panel consists of Justices Landau, Countiss, and Guerra.
Do not publish. TEX. R. APP. P. 47.2(b).