in Re Johnathan Taylor, Relator

CourtCourt of Appeals of Texas
DecidedMay 19, 2010
Docket04-10-00347-CR
StatusPublished

This text of in Re Johnathan Taylor, Relator (in Re Johnathan Taylor, Relator) 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.

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in Re Johnathan Taylor, Relator, (Tex. Ct. App. 2010).

Opinion

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. See Robinson, 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).

DO NOT PUBLISH

-2-

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Related

Patrick v. State
906 S.W.2d 481 (Court of Criminal Appeals of Texas, 1995)
Robinson v. State
240 S.W.3d 919 (Court of Criminal Appeals of Texas, 2007)

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