in Re Delmar J. Price, Relator

MEMORANDUM OPINION
No. 04-11-00415-CR
IN RE Delmar J. PRICE
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 13, 2011
PETITION FOR WRIT OF MANDAMUS DENIED
On June 15, 2011, relator Delmar J. Price filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on various pro se petitions and motions. 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
1
This proceeding arises out of Cause No. 2011-CR-1035, styled State of Texas v. Delmar J. Price, pending in the
186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.
04-11-00415-CR
abuse its discretion by declining to rule on relator’s pro se petitions and motions filed in the
criminal 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DO NOT PUBLISH
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