DocketNumber: 04-20-00162-CR
Filed Date: 3/25/2020
Status: Precedential
Modified Date: 3/26/2020
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-20-00162-CR IN RE Kevin DEBNAM Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: March 25, 2020 PETITION FOR WRIT OF MANDAMUS DENIED Relator filed a pro se petition for writ of mandamus in which he asks this court to direct the trial court to set aside its order denying his pro se motion for speedy trial and dismiss his underlying cases. Relator also filed a motion for leave to file his petition for writ of mandamus. 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. 2019CR6484, 2019CR6485, 2019CR6494, & 2019CR6495, styled The State of Texas v. Kevin Debnam, pending in the 187th Judicial District Court, Bexar County, Texas, the Honorable Stephanie R. Boyd presiding. 04-20-00162-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 PER CURIAM Do not publish -2-