In re John Garza--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-07-00868-CR

IN RE John GARZA

PER CURIAM

Sitting: Karen Angelini, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and filed: January 9, 2008

PETITION FOR WRIT OF MANDAMUS DENIED

John Garza has filed a pro se petition for writ of mandamus seeking to compel the trial court to rule on his motion to dismiss filed in his criminal case. Garza is represented by counsel in the trial court. We conclude that trial counsel is also Garza's counsel for an original proceeding on the issue presented in his petition. Garza 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 Garza's pro se petition for writ of mandamus will be treated as presenting nothing for this court's consideration. See id.; see also Gray v. Shipley, 877 S.W.2d 806 (Tex. App.--Houston [1st Dist.] 1994, orig. proceeding). Consequently, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. Tex. R. App. P. 52.8(a).

PER CURIAM

Do not publish

1. This proceeding arises out of Cause No. 2007-CR-1811 styled The State of Texas v. John Garza, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.