In re Timothy Brant Perkins, Relator--Appeal from County Court at Law No 12 of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00348-CR IN RE Timothy Brant PERKINS Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: May 19, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On May 4, 2010, relator Timothy Brant Perkins filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his pro se Motion to Quash Prosecution Barred by Limitations. 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 1 ¦ This proceeding arises out of Cause No. 264347, styled State of Texas v. Timothy Brant Perkins, in the County Court at Law No. 12, Bexar County, Texas, the Honorable Michael E. Mery presiding. 04-10-00348-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 PER CURIAM DO NOT PUBLISH -2-

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