In re Joe Rafael Jimenez Junior, Relator--Appeal from 437th Judicial District Court of Bexar County (per curiam)
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MEMORANDUM OPINION No. 04-12-00424-CR IN RE Joe Rafael JIMENEZ, Jr. Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: July 25, 2012 PETITION FOR WRIT OF MANDAMUS DENIED On July 16, 2012, relator Joe Rafael Jimenez, Jr. filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his pro se Writ of Habeas Corpus Challenging Illegal Restraint. However, Jimenez acknowledges, and this court has confirmed, that counsel has been appointed to represent relator in the criminal proceedings 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 1 This proceeding arises out of Cause Nos. 2011CR7653 and 2011CR7652, styled The State of Texas v. Joe Rafael Jimenez, Jr., pending in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori I. Valenzuela presiding. 04-12-00424-CR abuse its discretion by declining to rule on relator s pro se habeas filed in the criminal proceedings pending in the trial court. Accordingly, the petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-
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