in Re Mark Dukes

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-15-00659-CR

IN RE Mark DUKES

Original Mandamus Proceeding 1

Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: November 4, 2015

PETITION FOR WRIT OF MANDAMUS DENIED

Relator Mark Dukes filed this pro se petition for writ of mandamus on October 22, 2015,

complaining of the trial court’s failure to rule on his application for writ of habeas corpus in the

underlying criminal proceeding. Relator has been appointed trial counsel to represent him in

connection with the criminal charges currently pending against him. We conclude that any original

proceeding on the issue raised should be presented by relator’s trial counsel. 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 mandamus petition will be treated

as presenting nothing for this court’s review. See id.; see also Gray v. Shipley, 877 S.W.2d 806,

1 This proceeding arises out of Cause No. 2015CR6000A, styled The State of Texas v. Mark Dukes, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Ray Olivarri presiding. 04-15-00659-CR

806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Accordingly, relator’s petition for

writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

DO NOT PUBLISH

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