in Re Omari Chambers

Court of Appeals of Texas·Decided February 13, 2020·No. 14-20-00091-CR·Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 13, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00091-CR

IN RE OMARI CHAMBERS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

174th District Court Harris County, Texas

Trial Court Cause No. 1626262

MEMORANDUM OPINION

On January 30, 2020, relator Omari Chambers filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Hazel B. Jones, presiding judge of the 174th District Court of Harris County, to provide relator with the appellate record in his appeal from his conviction for manslaughter, which is pending in this court, so that he can file a pro se appellant’s brief.

Relator has court-appointed appellate counsel representing him in his appeal from the manslaughter conviction. A criminal defendant is not entitled to hybrid representation, and the trial court is free to disregard any pro se motions filed by a defendant who is represented by counsel. Jenkins v. State, No. PD-0086-18, 2018, — S.W.3d —, WL 6332219, at*6 n.47 (Tex. Crim. App. Dec. 5, 2018); Robinson v. State, 240 S.W.3d 919, 222 (Tex. Crim. App. 2007). In the absence of a right to hybrid representation, relator has not presented anything for this court’s consideration. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995); Turner v. State, 805 S.W.3d 423, 425 n.1 (Tex. Crim. App. 1991). Moreover, because relator has court-appointed appellate counsel, he is not entitled to his own copy of the appellate record. See Read v. Naylor, No. 02-19-00003-CV, 2019 WL 4010223, at *3 (Tex. App.—Fort Worth Aug.26, 2019, no pet.) (mem. op.) (stating that, because appellant has appointed counsel during his direct appeal, he was not entitled to his own copy of the appellate record during that case).

Relator has not shown that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Bourliot. Do Not Publish — Tex. R. App. P. 47.2(b).

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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)