In re Clement Davis Jones--Appeal from 144th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Rebecca Simmons, Justice

Delivered and Filed: September 19, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

In this original proceeding, relator Clement Davis Jones seeks to compel a ruling on his application for a writ of habeas corpus allegedly filed in the underlying criminal matter. In a pro se mandamus petition filed in this court, Jones represents that he has been charged by indictment and is incarcerated in the Bexar County Jail. Jones also claims that he filed an application for a writ of habeas corpus below and the trial judge refused to rule on it, but he does not submit any proof to support these claims. Jones is represented by counsel in the trial court.

We deny mandamus relief for the following reasons. First, a copy of the habeas corpus application is not attached to the mandamus petition. Thus, Jones has failed to provide us a copy of every document material to his claim for relief as required by the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.7 (a)(1); 52.3(j)(1)(A). Second, based on the limited record before us, we are of the opinion that trial counsel is relator's counsel on the issue presented in this original proceeding. See Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Relator is not entitled to "hybrid" representation, that is, 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). Accordingly, the mandamus petition is denied. See Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 2006-CR-6441, styled State of Texas v. Clement Davis Jones, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.