In re Albert F. Toscano--Appeal from 226th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-07-00546-CV

IN RE Albert F. TOSCANO

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and filed: August 22, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

On August 8, 2007, relator filed a Petition for Writ of Mandamus, complaining that the respondent has not ruled on certain pro se motions. Counsel has been appointed to represent relator in the trial court. We conclude that appointed counsel for relator is also his counsel for an original proceeding on the issues 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).

PER CURIAM

1. This proceeding arises out of Cause No. 2007-CR-4971, styled The State of Texas v.Albert Toscano, pending in 226th Judicial District Court, Bexar County, Texas, the Honorable Sid Harle presiding.