in Re David Cepeda Jones, Relator

MEMORANDUM OPINION
No. 04-12-000288-CR
IN RE David Cepeda JONES
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: May 23, 2012
PETITION FOR WRIT OF MANDAMUS DENIED
On May 9, 2012, Relator David Cepeda Jones filed a petition for writ of mandamus
complaining of the trial court’s refusal to set his case for trial after numerous requests by Relator.
However, counsel has been appointed to represent Relator in the criminal proceeding pending in
the trial court for which he is currently confined. A criminal defendant is not entitled to hybrid
representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v.
State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on
pro se motions or petitions filed with regard to a criminal proceeding in which the defendant is
represented by counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not
abuse its discretion by declining to rule on Relator’s pro se motions filed in the criminal
1
This proceeding arises out of Cause No. 2009-CR-12902, styled State of Texas v. David Cepeda Jones, in the
227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding.
04-12-00288-CR
proceeding pending in the trial court. Accordingly, the petition for writ of mandamus is denied.
TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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