In re Raymond Isaac Uribe, Relator--Appeal from 227th Judicial District Court of Bexar County (per curiam)

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MEMORANDUM OPINION No. 04-12-00544-CR IN RE Raymond Isaac URIBE Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: September 5, 2012 PETITION FOR WRIT OF MANDAMUS DENIED On August 27, 2012, relator Raymond Isaac Uribe filed a petition for writ of mandamus, complaining trial court denied his motion for an examining trial and has failed to set the case for an examining trial. 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 pro se motions or petitions filed with regard to a criminal proceeding in which the defendant is represented by counsel. 1 See Robinson, 240 S.W.3d at 922. This proceeding arises out of Cause No. 152268, styled State of Texas v. Raymond Isaac Uribe, in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding. 04-12-00544-CR Consequently, the trial court did not abuse its discretion by failing to grant relator s pro se request for an examining trial. 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 PER CURIAM DO NOT PUBLISH -2-

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