in Re Sigifredo Davila, Relator

Opinion

MEMORANDUM OPINION

No. 04-11-00401-CR

IN RE Sigifredo DAVILA

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice

Delivered and Filed: June 22, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

On June 8, 2011, relator filed a petition for writ of mandamus, complaining of the trial

court’s failure to rule on his various pro se motions. However, counsel has been appointed to

represent relator in the criminal proceeding pending in the trial court for which he is currently

confined. A criminal defendant is not entitled to hybrid representation. See Robinson v. State,

240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim.

App. 1995). A trial court has no legal duty to rule on pro se motions or petitions filed with

regard to a criminal proceeding in which the defendant is represented by counsel. See Robinson,

240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule

1 This proceeding arises out of Cause No. 2009-CR-6623, styled State of Texas v. Sigifredo Davila, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding. 04-11-00390-CR

on relator’s pro se motions filed in the criminal proceeding pending in the trial court.

Accordingly, the petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a).

DO NOT PUBLISH

-2-