In re Terrance Fletcher, Relator--Appeal from 227th Judicial District Court of Bexar County

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i i i i i i MEMORANDUM OPINION No. 04-10-00612-CR IN RE Terrance FLETCHER Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: September 8, 2010 PETITION FOR WRIT OF MANDAMUS DENIED On August 24, 2010, relator Terrance Fletcher filed a petition for writ of mandamus, complaining of the trial court s failure to grant his pro se motions for speedy trial. However, counsel has been retained by relator to represent him 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 pro se motions or petitions 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 by declining 1 ¦ This proceeding arises out of Cause No. 2010-CR-1384, styled State of Texas v. Terrance Fletcher, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding. 04-10-00612-CR to rule on relator s pro se motion 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 PER CURIAM DO NOT PUBLISH -2-

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