in Re Gerald Hayes

• Court: Court of Appeals of Texas
• Decided: June 17, 2010
• Docket: 01-10-00454-CR
• Status: Published

Opinion

Opinion issued June 17, 2010

 In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00454-CR

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IN RE GERALD HAYES, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Gerald Hayes, has filed a petition for writ of mandamus that requests this Court order the respondent[1] to rule on pro se motions filed in trial court cause number 119872.  We deny the petition for writ of mandamus.

Relator is represented on his appeal of cause number 119872, by court-appointed counsel.[2]  Relator is not entitled to hybrid representation.  Gray v. Shipley, 877 S.W.2d 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding); Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. 1981).

Therefore, the petition for writ of mandamus is denied.

PER CURIAM

Panel consists of  Chief Justice Radack, and Justices Bland and Sharp.

Do not publish.   Tex. R. App. P. 47.2(b).

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[1]           Relator names as respondent, the Honorable Mark Ellis, Presiding Judge of the 351st District Court of Harris County, Texas.  Relator has not served respondent with a copy of the petition for writ of mandamus.

[2]           Harris County Justice Information System records reflect that relator Hayes is represented on his appeal of  trial court cause number 119872 by appointed counsel, Robert Scott Ramsey.  The appeal of trial court cause number 119872 is pending in this Court and is assigned appellate case number 01-09-00437-CR.