In re Angel Mendoza--Appeal from 187th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-09-00615-CR IN RE Angel MENDOZA Original Mandamus Proceeding1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: October 7, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On September 30, 2009, relator Angel Mendoza filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his various pro se motions. However, counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined. A criminal defendant is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on a pro se motion filed with regard to a criminal proceeding in which the defendant is represented by ¦ This proceeding arises out of Cause No. 2008-CR-11819, styled State of Texas v. Angel Mendoza, in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding. 1 04-09-00615-CR counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on relator s various pro se motions that relate directly to his confinement based on the criminal proceeding pending in the trial court. Accordingly, relator s petition for writ of mandamus is DENIED. TEX . R. APP . P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-

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