In re Ali Mayberry, Relator--Appeal from 144th Judicial District Court of Bexar County (per curiam)

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MEMORANDUM OPINION No. 04-12-00508-CR IN RE Ali MAYBERRY Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Delivered and Filed: August 22, 2012 PETITION FOR WRIT OF MANDAMUS DENIED On August 9, 2012, relator Ali Mayberry filed a pro se petition for writ of mandamus, complaining of the trial court s failure to rule on several pending petitions for writ of habeas corpus relief. Attached to Mayberry s petition is a motion filed by his court-appointed attorney adopting certain pro se motions and one pro se writ filed by Mayberry; however, it does not appear that all of the habeas petitions referenced in the mandamus petition were adopted by Mayberry s court-appointed attorney. In any event, 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 1 This proceeding arises out of Cause No. 2012CR2542, styled The State of Texas v. Ali Mayberry, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus McGinty presiding. 04-12-00508-CR represented by counsel. See Robinson, 240 S.W.3d at 922. Moreover, we conclude Mayberry s court-appointed attorney is also counsel for any original proceeding on the issue presented. See In re Wells, No. 04-08-00899-CR, 2008 WL 5412380, at *1 (Tex. App. San Antonio Dec. 23, 2008, orig. proceeding). 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 PER CURIAM DO NOT PUBLISH -2-

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