in Re Shawn Bean
This text of in Re Shawn Bean (in Re Shawn Bean) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
PER CURIAM
Sitting: Alma L. López, Chief Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
Delivered and Filed: February 27, 2008
PETITION FOR WRIT OF MANDAMUS DENIED
In a pro se petition, Shawn Bean seeks a writ of mandamus compelling the trial court to rule on various pre-trial motions in his criminal case. Bean is represented by counsel in the trial court. A criminal defendant has no right to proceed pro se and be represented by counsel at the same time. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). We conclude trial counsel is also counsel for any mandamus petition on the issue presented and Bean's petition presents nothing for this court's consideration. See id.; Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Accordingly, the petition is denied. See Tex. R. App. P. 52.8(a).
DO NOT PUBLISH
1. This proceeding arises out of Cause No. 230268, styled State of Texas v. Shawn Bean, pending in County Court No. 2, Bexar County, Texas, the Honorable H. Paul Canales presiding.
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