In re Jonathan Mims, Relator--Appeal from 437th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00549-CR IN RE Jonathan MIMS Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: August 11, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On July 27, 2010, relator Jonathan Mims filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his pro se motion for speedy trial. 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 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 pro 1 ¦ This proceeding arises out of Cause No. 2008-CR-7180, styled State of Texas v. Jonathan Mims, pending in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori Valenzuela presiding. 04-10-00549-CR se motion filed in the criminal proceeding pending in the trial court. Accordingly, the petition is denied. TEX . R. APP . P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-

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