In re Martin A. Casarez--Appeal from 226th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00484-CR IN RE Martin A. CASAREZ Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Steven C. Hilbig, Justice Delivered and Filed: July 23, 2008 PETITION FOR WRIT OF MANDAMUS DENIED In this original mandamus proceeding, relator Martin A. Casarez has filed a pro se petition for a writ of mandamus seeking to compel the trial court to rule on and grant his pro se request for a speedy trial in the underlying criminal matter. Counsel has been appointed to represent Casarez in the trial court cause. To obtain mandamus relief in a criminal matter, the relator must establish the act sought to be compelled is ministerial rather than discretionary in nature, and there is no other adequate remedy at law. Dickens v. Second Court of Appeals, 727 S.W.2d 542, 548 (Tex. Crim. App. 1987). Although a trial court has the discretion to permit hybrid representation, it is not required to do so. See Scarbrough v. State, 777 S.W.2d 83, 92 (Tex. Crim. App. 1989); Landers v. State, 550 S.W.2d 272, 280 (Tex. Crim. App. 1977). It is well-established that a defendant in a 1 This proceeding arises out of Cause No. 2007-CR-8706, styled The State of Texas v. Martin A. Casarez, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle, presiding. 04-08-00466-CR criminal matter does not have a right to hybrid representation. Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004). Accordingly, the act Casarez seeks to compel is discretionary, not ministerial, in nature and we therefore deny the pro se petition for a writ of mandamus. See TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-
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