In re Martin Casarez--Appeal from 226th Judicial District Court of Bexar County

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: November 21, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

In a petition for a writ of mandamus, Martin Casarez complains of the trial court's refusal to rule on pro se motions filed in his pending criminal case. Casarez, who is represented by trial counsel, argues he has a right to hybrid representation below. However, it is well-established that a criminal defendant does not have an absolute right to proceed pro se and be represented by counsel at the same time. Scarbrough v. State, 777 S.W.2d 83, 92 (Tex. Crim. App. 1989); McKinny v. State, 76 S.W.3d 463, 478 (Tex. App.--Houston [1st Dist.] 2002, no pet.); Meyer v. State, 27 S.W.3d 644, 648 (Tex. App.--Waco 2000, pet. ref'd). Accordingly, the petition is denied.

PER CURIAM

1. This proceeding arises out of Cause No. 2007-CR-8706, styled State of Texas v. Martin Anthony Casarez, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.