In re Ruben Nerio, Jr.Appeal from 144th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00736-CR IN RE Ruben NERIO, Jr. Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: October 30, 2013 PETITION FOR WRIT OF MANDAMUS DENIED Relator Ruben Nerio Jr. filed this pro se petition for writ of mandamus on October 23, 2013, complaining the trial court lacked jurisdiction to revoke his probation in two underlying criminal cases. In April 2013, Scott McCrum was appointed to represent relator in connection with the underlying criminal cases. We conclude that any original proceeding on the issues presented should be presented by relator s counsel. Relator is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). The absence of a right to hybrid representation means relator s pro se mandamus petition will be treated as presenting nothing for this court s review. See id.; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App. Houston 1 This proceeding arises out of Cause Nos. 2005CR1231 and 2005CR1529, both styled The State of Texas v. Ruben Nerio Jr., pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus K. McGinty presiding. 04-13-00736-CR [1st Dist.] 1994, orig. proceeding). Accordingly, relator s petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-

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