in Re Johnathan Taylor, Relator

Court of Appeals of Texas·Decided May 19, 2010·No. 04-10-00347-CR·Published

Opinion

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.

DO NOT PUBLISH

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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)