in Re Joseph K. Colone Jr.

• Court: Court of Appeals of Texas
• Decided: September 30, 2015
• Docket: 09-15-00358-CR
• Status: Published

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00358-CR ________________

IN RE JOSEPH K. COLONE JR. __________________________________________________________________

Original Proceeding 252nd District Court of Jefferson County, Texas Trial Cause Nos. 10-9680, 10-9681, 10-10213 __________________________________________________________________

MEMORANDUM OPINION

Relator Joseph K. Colone Jr. filed a pro se petition for writ of mandamus, in

which he alleges that he has been confined awaiting trial for approximately five

years, and that after he filed a petition for writ of habeas corpus in each case, the trial

court refused to issue the writs. In his prayer, Colone asks this Court to compel the

trial judge to issue a writ of habeas corpus as to all three cases. In response, the State

points out that Colone is represented by counsel in each case, and, therefore, the trial

court was not obligated to rule on Colone’s pro se petitions for writ of habeas corpus

because Colone is not entitled to hybrid representation.

1 Colone has not demonstrated that he is clearly entitled to mandamus relief

from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34

S.W.3d 924, 927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of

mandamus, a relator must establish that the trial court failed to perform a ministerial

duty, and that relator has no other adequate legal remedy.). Accordingly, we deny

relief on the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on September 16, 2015 Opinion Delivered September 30, 2015 Do not publish

Before Kreger, Horton, and Johnson, JJ.