In Re Antonio Sepeda--Appeal from County Court at Law No 2 of Galveston County

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Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 6, 2010 In The Fourteenth Court of Appeals NO. 14-10-00257-CR NO. 14-10-00258-CR NO. 14-10-00259-CR IN RE ANTONIO SEPEDA, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS MEMORANDUM OPINION On March 24, 2010, relator, Antonio Sepeda, 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 asks this Court to compel the Honorable C. G. Dibrell, III, presiding judge of County Court at Law No 2 of Galveston County, to show cause why the petitioner continues to be detained, in direct violation of Texas statue [sic]. Relator complains that he has been awaiting since October 2009 on a trial by jury. Those demands for jury trial have been voiced and expressed to the state prosecutor and the trial court through myself and attorney. According to relator s petition, he is represented by counsel in the underlying criminal proceeding. A criminal 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). The issues relator raises in his pro se petition for writ of mandamus relate directly to a criminal proceeding in which he is presented by counsel. Therefore, in the absence of a right to hybrid representation, relator has presented nothing for this Court s consideration. See Patrick, 906 S.W.2d at 498. . 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 Do Not Publish Tex.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. 2

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