in Re David Kellum

Opinion

•           •           • • • •

                                                                  MEMORANDUM OPINION

No. 04-09-00687-CR

IN RE David KELLUM

Original Mandamus Proceeding

PER CURIAM

Sitting:            Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: November 4, 2009

PETITION FOR WRIT OF MANDAMUS DENIED; MOTION FOR LEAVE TO FILE DISMISSED AS MOOT

            On October 23 2009, relator David Kellum filed a pro se petition for writ of mandamus, seeking to compel the trial court to conduct a hearing and rule on motions to suppress and for quantitative weight analysis, which Kellum filed pro se in the underlying criminal proceeding. Kellum is represented by appointed counsel in that proceeding.

            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 in 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 failing to rule on relator’s pro se motions, and relator’s petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a). Relator’s motion for leave to file the petition is dismissed as moot.

PUBLISH