In re Alejandro Trevino--Appeal from 399th Judicial District Court of Bexar County

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: October 31, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

In a pro se petition for a writ of mandamus, Alejandro Trevi o complains of the trial court's failure to consider and rule on various motions in his criminal case. Trevi o is represented by counsel in the trial court. Because the issues raised in the mandamus petition relate to the pending criminal charges, we are of the opinion that trial counsel is Trevi o's counsel for any mandamus proceeding. Trevi o has no right to proceed pro se and be represented by counsel at the same time. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995); Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Accordingly, the petition is denied. See Tex. R. App. P. 52.8(a). PER CURIAM

1. This proceeding arises out of Cause No. 2007-CR-1443, styled State of Texas v. Alejandro Trevi o, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.