in Re Johnathan Taylor, Relator

Court of Appeals of Texas·Decided June 30, 2010·No. 04-10-00464-CR·Published

Opinion



                      • • • •



MEMORANDUM OPINION


No. 04-10-00464-CR


IN RE Johnathan TAYLOR


Original Mandamus Proceeding


PER CURIAM

Sitting:            Karen Angelini, Justice

Phylis J. Speedlin, Justice

                        Steven C. Hilbig, Justice

Delivered and Filed: June 30, 2010 


PETITION FOR WRIT OF MANDAMUS DENIED

            On June 22, 2010, Jonathan Taylor, relator, filed a pro se petition for a writ of mandamus, asking this court to direct the trial court to set a trial date in the underlying criminal proceeding. Counsel has been appointed to represent relator in the trial court. We conclude that appointed counsel for relator is also his counsel for an original proceeding on the issue presented.

            Relator is not entitled to hybrid representation. See 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 petition for writ of mandamus will be treated as presenting nothing for this court’s consideration. See id.; see also Gray v. Shipley, 877 S.W.2d 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Consequently, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is denied. Tex. R. App. P. 52.8(a).

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Related

Patrick v. State
906 S.W.2d 481 (Court of Criminal Appeals of Texas, 1995)
Gray v. Shipley
877 S.W.2d 806 (Court of Appeals of Texas, 1994)