In re Russell S. Adams Appeal from County Court at Law of Kerr County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00654-CR IN RE Russell S. ADAMS Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: October 26, 2022 PETITION FOR WRIT OF MANDAMUS DENIED On October 4, 2022, relator filed a pro se petition for writ of mandamus in which he asks this court to order relator’s prior counsel to turn over his file to relator’s current counsel. Relator is represented by trial counsel below; therefore, he is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). The absence of a right to hybrid representation means relator’s pro se mandamus petition will be treated as presenting nothing for this court’s review. See id; see also Gray v. Shipley, 877 S.W.2d 806, 806 (Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Accordingly, relator’s petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). This proceeding arises out of Cause No. CR16-0666, styled The State of Texas v. Russell S. Adams, pending in the County Court at Law, Kerr County, Texas, the Honorable Susan Harris presiding. 1 04-22-00654-CR We deny as moot relator’s motion for leave to file a petition for writ of mandamus because leave is not required to file a petition in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re Medina, 04-19-00041-CR, 2019 WL 360534, at *1 (Tex. App.—San Antonio Jan. 30, 2019, orig. proceeding) (mem. op.). Additionally, we deny as moot relator’s motion for indigency determination. PER CURIAM DO NOT PUBLISH -2-

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