In re Luis Ray Jaramillo, Jr.--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-07-00353-CV

IN RE Luis Ray JARAMILLO, Jr.

PER CURIAM

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and filed: June 6, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

On May 21, 2007, relator filed a petition for writ of mandamus, complaining that the respondent has not ruled on his pro se Motion to Dismiss Indictment. Relator alleges he is represented by counsel in the criminal proceeding against him. In both his petition for writ of mandamus and his Motion to Dismiss Indictment, relator alleges counsel is ineffective. We conclude that counsel for relator is also his counsel for an original proceeding on the issue presented. Relator is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). The absence of a right to hybrid representation means relator's pro se petition for writ of mandamus will be treated as presenting nothing for this court's consideration. See id.; see also Gray v. Shipley, 877 S.W.2d 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Consequently, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. Tex. R. App. P. 52.8(a).

Relator is encouraged to refrain from filing further pro se petitions regarding his pending criminal proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 2006-CR-8791, styled The State of Texas v. Luis Ray Jaramillo, Jr., pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.