In re Robert Huffman--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00611-CV

IN RE Robert HUFFMAN

Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Catherine Stone , Justice

Sarah B. Duncan , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: September 27, 2006

PETITION FOR WRIT OF MANDAMUS DENIED

In a pro se petition, Robert Huffman asks this court to issue a writ of mandamus compelling the "144th [District] Court clerk" to provide him portions of the clerk's and reporter's record in the underlying criminal cause. According to Huffman, this partial record is necessary to prepare his appeal in a separate criminal cause. Appellate counsel has been appointed to represent relator in the appeal now pending before this court. Huffman 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 Huffman's pro se petition will be treated as presenting nothing for this court's consideration. See id.; Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). We encourage Huffman to promptly inform his appellate counsel of the concerns expressed in his petition. The petition for a writ of mandamus is denied.

PER CURIAM

1. This proceeding arises out of Cause No. 1997-CR-4592, styled State of Texas v. Robert Huffman, filed in the 144th Judicial District Court, Bexar County, Texas, the Honorable Mark R. Luitjen presiding.