In re Delridge Jermaine Clark, Jr.--Appeal from 227th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 26, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

On September 13, 2007, relator Delridge Jermaine Clark, Jr. filed a pro se petition for a writ of mandamus complaining of the trial court's failure to rule on his pro se pre-trial motions in the underlying criminal cases. Clark, who is represented by trial counsel, argues that the trial court has a ministerial duty to act on his pro se motions. We disagree. A defendant in a criminal matter is not entitled to hybrid representation, that is, to be represented by counsel and to proceed pro se at the same time. Landers v. State, 550 S.W.2d 272, 280 (Tex. Crim. App. 1977). Consequently, the trial court did not violate a ministerial duty by declining to rule on Clark's pro se motions. See McKinny v. State, 76 S.W.3d 463, 478 (Tex. App.--Houston [1st Dist.] 2002, no pet.) (the trial court was not required to consider represented defendant's motion for new trial); Meyer v. State, 27 S.W.3d 644, 648 (Tex. App.--Waco 2000, pet. ref'd) (a trial court's decision to allow a criminal defendant hybrid representation is discretionary). Accordingly, Clark's petition for a writ of mandamus is denied. PER CURIAM

1. This proceeding arises out of Cause Nos. 2007-CR-941678 and 2007-CR-934866, styled State of Texas v. Delridge Jermaine Clark, Jr., pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.