In re Juan L. Caballero--Appeal from 175th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: November 14, 2007

PETITION FOR WRIT OF MANDAMUS DENIED; PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION

Juan L. Caballero has filed pro se original petitions requesting the issuance of a writ of habeas corpus and a writ of mandamus. Caballero, who claims his confinement is illegal for various reasons, seeks dismissal of the indictment against him and release from confinement. Alternatively, Caballero seeks an immediate trial. Caballero is represented by counsel in the trial court. Because Caballero's complaints relate to his pending criminal case, we conclude that trial counsel is Caballero's counsel for any mandamus proceeding on the issues presented. Caballero has no right 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); Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Thus, Caballero's mandamus petition will be treated as presenting nothing for this court's review.

Additionally, the Court of Criminal Appeals, the district courts, and the county courts are authorized to issue writs of habeas corpus in criminal matters. See Tex. Code Crim. Pro. Ann. art. 11.05 (Vernon 2005). However, this court has no original habeas corpus jurisdiction in criminal matters. See Watson v. State, 96 S.W.3d 497, 500 (Tex. App.--Amarillo 2002, pet. ref'd); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.--Waco 1999, orig. proceeding); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.--San Antonio 1999, no pet.).

Accordingly, the mandamus petition is denied and the habeas corpus petition is dismissed for lack of jurisdiction.

PER CURIAM

1. This proceeding arises out of Cause No. 2006-CR-10255, styled State of Texas v. Juan L. Caballero, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Roman presiding.