In re Tony Alcorta, Relator--Appeal from 399th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00669-CR IN RE Tony ALCORTA Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: September 29, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On September 16, 2010, relator Tony Alcorta filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his pro se Petition for Writ of Habeas Corpus for Release Because of Failure to Prosecute and Speedy Trial Violation. 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 pro se motions or petitions filed with regard to a criminal proceeding in which the defendant is represented by counsel. See Robinson, 240 1 ¦ This proceeding arises out of Cause No. 2009-CR-10302, styled State of Texas v. Tony Alcorta, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita Vasquez-Gardner presiding. 04-10-00669-CR S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on relator s pro se petition 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 PER CURIAM DO NOT PUBLISH -2-

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