in Re Johnathan Taylor, Relator
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.
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DO NOT PUBLISH
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