In re Robert Crumps, Relator--Appeal from 144th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00327-CR IN RE Robert CRUMPS Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: May 12, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On April 28, 2010, relator Robert Crumps filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his pro se motion for 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. 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 counsel. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion 1 ¦ This proceeding arises out of Cause No. 2009-CR-1242, styled State of Texas v. Robert Crumps, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding. 04-10-00327-CR 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). Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for a writ of mandamus in this court. TEX . R. APP . P. 52. Therefore, relator s motion for leave to file is DENIED as moot. PER CURIAM DO NOT PUBLISH -2-

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