In re Jose Mederos--Appeal from 399th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00005-CR IN RE Jose MEDEROS Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: March 3, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On January 5, 2010, relator Jose Mederos filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his pro se motion for a speedy trial. However, counsel has been appointed to represent relator in the criminal proceeding pending in the trial court for which he is currently confined.2 A criminal defendant is not entitled to hybrid representation. See Robinson v. State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). A trial court has no legal duty to rule on a pro se motion filed with regard to a criminal proceeding in which the defendant is represented by 1 ¦ This proceeding arises out of Cause No. 2009-CR-10755, styled State of Texas v. Jose Mederos, in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita Vasquez-Gardner presiding. 2 ¦ On December 31, 2009, the trial court appointed Virginia M aurer to represent relator in the criminal proceeding. 04-10-00005-CR counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on relator s pro se motion filed in the criminal proceeding pending in the trial court. Accordingly, relator s petition for writ of mandamus is denied. TEX . R. APP . P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-

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