Opinion
No. 04-13-00021-CR
01-30-2013
IN RE Kyle MILLER
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 2011-CR-5502, styled State of Texas v. Kyle Miller, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary D. Roman presiding.
PER CURIAM Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On January 10, 2013, Relator Kyle Miller filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his various pro se motions. 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. See Robinson, 240 S.W.3d at 922. Consequently, the trial court did not abuse its discretion by declining to rule on Miller's pro se motions filed in the criminal proceeding 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PER CURIAM DO NOT PUBLISH