in Re Daryl Wells
This text of in Re Daryl Wells (in Re Daryl Wells) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM OPINION
No. 04-08-00899-CR
IN RE Daryl WELLS
Original Mandamus Proceeding (1)
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 23, 2008
PETITION FOR WRIT OF MANDAMUS DENIED
Daryl Wells filed a pro se petition for a writ of mandamus on December 11, 2008. Wells was sentenced August 28, 2008, and filed a notice of appeal on August 29, 2008. The trial court appointed the Bexar County Public Defender's Office to represent Wells on appeal. In this pro se petition, Wells seeks to compel the trial court to "rule on court reporter's record and trial transcripts motions." We conclude Wells' appointed counsel is also counsel for an original proceeding on the issue presented. Wells is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995); Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.-Houston [1st Dist.] 1994, orig. proceeding). Accordingly, the pro se petition for a writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.
Do not publish
1. This proceeding arises out of Cause No. 2007-CR-2049, styled The State of Texas v. Darryl B. Wells, in the
379th Judicial District Court, Bexar County, Texas, the Honorable Bert Richardson presiding.
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