In re Johnny Toles--Appeal from 144th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Delivered and Filed: July 25, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

On July 3, 2007, relator Johnny Toles filed a pro se petition for a writ of mandamus asking this court to order the trial court to rule on numerous pre-trial motions filed in his criminal case. Counsel has been appointed to represent the relator in the trial court. We conclude that the relator's court-appointed trial counsel is also his counsel for any mandamus proceeding on the issue presented. The relator does not have a right to hybrid representation. See Scheanette v. State, 144 S.W.3d 503, 505 n. 2 (Tex. Crim. App. 2004) (citing Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995)); Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Accordingly, the relator's petition for a writ of mandamus is denied. Because no leave is required to file a petition for a writ of mandamus in this court, we deny the relator's motion for leave to file his petition as moot.

PER CURIAM

1. This proceeding arises out of Cause No. 2006-CR-5431, styled The State of Texas v. Johnny Toles, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.