In Re: Bobby E. Guess Appeal from 296th Judicial District Court of Collin County (memorandum opinion)
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Denied and Opinion Filed October 11, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01163-CV No. 05-17-01164-CV No. 05-17-01165-CV No. 05-17-01166-CV IN RE BOBBY E. GUESS, Relator Original Proceeding from the 296th Judicial District Court Collin County, Texas Trial Court Cause Nos. 296-83755-2016, 296-83756-2016, 296-83757-2016, and 296-83758-2016, MEMORANDUM OPINION Before Justices Lang, Brown, and Stoddart Opinion by Justice Lang Before the Court is relator’s October 5, 2017 petition for writ of mandamus. Bruce Bryant filed this petition for writ of mandamus as relator’s “authorized representative.” Mr. Bryant is not an attorney, is not a party to the litigation and, therefore, cannot file a petition on behalf of relator. TEX. R. APP. P. 9.1(a),(b). Further, relator is represented by counsel in the underlying proceedings. Trial counsel is also relator’s counsel for purposes of a related original proceeding. See In re Jackson, No. 05-02-00106-CV, 2002 WL 172133, at *1 (Tex. App.— Dallas Feb. 5, 2002, orig. proceeding) (denying pro se petition for writ of mandamus where relator was represented by counsel in trial court). Relator is not entitled to hybrid representation. Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004) (appellant represented by counsel is not entitled to hybrid representation); Rudd v. State, 616 S.W.2d 623, 625 (Tex. Crim. App. [Panel Op.] 1981) (same). Accordingly, we deny relator’s petition for writ of mandamus. /s/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 171163F.P05 –2–
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