DocketNumber: 04-10-00347-CR
Filed Date: 5/19/2010
Status: Precedential
Modified Date: 10/16/2015
MEMORANDUM OPINION No. 04-10-00347-CR IN RE Johnathan TAYLOR, Relator Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: May 19, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On May 4, 2010, relator, Johnathan Taylor, filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his pro se request for a speedy trial. 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 a pro se motion filed with regard to a criminal proceeding in which the defendant is represented by counsel. SeeRobinson, 240 S.W.3d at 922
. Consequently, the trial court did not abuse its 1 This proceeding arises out of Cause No. 2009-CR-7592, styled The State of Texas v. Jonathan Taylor, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding. 04-10-00347-CR discretion by declining to rule on relator’s pro se request. Accordingly, relator’s petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-