in Re Robert L. Griffith

Court of Appeals of Texas·Decided April 9, 2014·No. 04-14-00199-CR·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00199-CR

IN RE Robert L. GRIFFITH

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Catherine Stone, Chief Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice

Delivered and Filed: April 9, 2014

PETITION FOR WRIT OF MANDAMUS DENIED

Relator Robert L. Griffith filed this pro se petition for writ of mandamus on March 26,

2014, complaining of the trial court’s denial or failure to rule on various pro se motions. Relator

has been appointed trial counsel to represent him in connection with his pending criminal charges.

We conclude that any original proceeding on the issue presented 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, 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).

1 This proceeding arises out of Cause No. 2013CR3530, styled The State of Texas v. Robert L. Griffith, pending in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding. 04-14-00199-CR

Additionally, relator requested leave to file his 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

request for leave to file is denied as moot.

DO NOT PUBLISH

-2-

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Related

Patrick v. State
906 S.W.2d 481 (Court of Criminal Appeals of Texas, 1995)
Gray v. Shipley
877 S.W.2d 806 (Court of Appeals of Texas, 1994)