In re Jesse D. Olson--Appeal from 175th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 22, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

Jesse D. Olson has filed a pro se petition for a writ of mandamus concerning his motion for speedy trial in the underlying criminal proceeding. Counsel has been appointed to represent Olson in the trial court. We are of the opinion that appointed counsel is also Olson's counsel for an original proceeding on the issue presented. Olson is not entitled to proceed pro se and be represented by counsel at the same time. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). The absence of a right to such "hybrid" representation means Olson's mandamus petition will be treated as presenting nothing for this court's consideration. See id.; Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Accordingly, the petition is denied. See Tex. R. App. P. 52.8(a). PER CURIAM

1. This proceeding arises out of Cause No. 2007-CR-3010, styled State of Texas v. Jesse D. Olson, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Roman presiding.