in Re Tony Alcorta, Relator

• Court: Court of Appeals of Texas
• Decided: September 29, 2010
• Docket: 04-10-00669-CR
• Status: Published

Opinion

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MEMORANDUM OPINION

No. 04-10-00669-CR

IN RE Tony ALCORTA

Original Mandamus Proceeding1

PER CURIAM

Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice

Delivered and Filed: September 29, 2010

PETITION FOR WRIT OF MANDAMUS DENIED

On September 16, 2010, relator Tony Alcorta filed a petition for writ of mandamus,

complaining of the trial court’s failure to rule on his pro se “Petition for Writ of Habeas Corpus for

Release Because of Failure to Prosecute and Speedy Trial Violation.” 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

1 … This proceeding arises out of Cause No. 2009-CR-10302, styled State of Texas v. Tony Alcorta, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita Vasquez-Gardner presiding. 04-10-00669-CR

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

relator’s pro se petition filed in the criminal proceeding pending in the trial court. Accordingly, the

petition is denied. TEX . R. APP . P. 52.8(a).

DO NOT PUBLISH

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