in Re Kenneth Mitchell, Relator

Opinion

MEMORANDUM OPINION

No. 04-11-00063-CR

IN RE Kenneth MITCHELL

Original Mandamus Proceeding[1]

PER CURIAM

Sitting:          Sandee Bryan Marion, Justice

                     Rebecca Simmons, Justice

                     Marialyn Barnard, Justice

Delivered and Filed:  February 9, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

           On January 26, 2011, relator Kenneth Mitchell filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his various pro se motions.  However, 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 pro se motions or petitions 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 discretion by declining to rule on relator’s pro se motions filed in the criminal proceeding pending in the trial court.  Accordingly, the petition for writ of mandamus is denied.  Tex. R. App. P. 52.8(a).

Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus.  No leave is required to file a petition for writ of mandamus in this court.  Tex. R. App. P. 52.  Therefore, relator’s motion for leave to file is DENIED as moot.

DO NOT PUBLISH

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[1] This proceeding arises out of Cause No. 2010-CR-12264, styled State of Texas v. Kenneth Mitchell, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.