In re Rodolfo Ortegon--Appeal from 187th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 31, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

Rodolfo Ortegon has filed a pro se petition for a writ of mandamus seeking to compel the trial court to rule on various motions in his criminal case. Ortegon is represented by counsel in the trial court. We conclude that trial counsel is Ortegon's counsel on the issue presented in the petition. Ortegon is not entitled 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). The absence of a right to hybrid representation means Ortegon's mandamus 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). 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-5431, styled State of Texas v. Rodolfo Ortegon, pending in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.