In Re George Johnson--Appeal from Co Crim Ct at Law No 5 of Harris County

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Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 2, 2010 In The Fourteenth Court of Appeals NO. 14-09-00654-CR IN RE GEORGE JOHNSON, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS MEMORANDUM OPINION On July 23, 2009, relator, George Johnson, filed a petition for writ of mandamus in this Court. See Tex. Gov t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator he complains that the Honorable Margaret Harris, presiding judge of County Criminal Court at Law No. 5 of Harris County, has not ruled on his writ of habeas corpus action. Relator states that he is [a]ppearing before this court, with court appointed counsel of record . . . 1 1 Emphasis added. It is well-settled that a defendant is not entitled to hybrid representation. 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). As a consequence, the trial court has no legal duty to rule on a pro se motion filed in a proceeding in which the accused is represented by counsel. Robinson, 240 S.W.3d at 922. Therefore, the trial court has no duty to rule on relator s pro se writ of habeas corpus action. Relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator s petition for writ of mandamus. PER CURIAM Panel consists of Chief Justice Hedges and Justices Anderson and Christopher. Do Not Publish Tex. R. App. P. 47.2(b). 2

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