in Re Robert Martinez

Opinion

Fourth Court of Appeals San Antonio, Texas Tuesday, May 10, 2016

No. 04-16-00166-CR

IN RE ROBERT MARTINEZ

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice

On April 22, 2016, relator filed a supplemental petition for writ of mandamus complaining that the trial court had not transmitted his application for writ of habeas corpus to the appellate court. Relator has been appointed trial counsel. 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 supplemental 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 supplemental petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

It is so ORDERED on May 10, 2016.

PER CURIAM

ATTESTED TO: _____________________________ Keith E. Hottle, Clerk of Court

1 This proceeding arises out of Cause No. 587693, styled The State of Texas v. Robert Martinez, Jr., pending in the County Court at Law No. 5, Bexar County, Texas, the Honorable John Longoria presiding.