In re David Salinas, Relator--Appeal from 144th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00607-CR IN RE David SALINAS Original Mandamus Proceeding1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: September 8, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On August 20, 2010, relator David Salinas filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his various pro se motions. However, relator has retained counsel to represent him 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 pro se motions or petitions filed with ¦ This proceeding arises out of Cause No. 2010-CR-7306B, styled State of Texas v. David Salinas, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding. 1 ¦ The court is aware that relator s counsel Michael Sawyer has filed a motion to withdraw as counsel. However, the trial court has not yet ruled on the motion. Therefore, Michael Sawyer remains relator s counsel until the trial court rules on his motion to withdraw. 2 04-10-0607-CR 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 by declining to rule on relator s various pro se motions filed in the criminal proceeding pending in the trial court. Accordingly, the petition is denied. TEX . R. APP . P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-

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