IN RE: Jeffery Alan Harberson

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Court of Appeals of Texas, Houston (14th Dist.).

IN RE: Jeffery Alan Harberson, Relator

NO. 14–15–00760–CR, 14–15–00761–CR, and 14–15–00762–CR

Decided: September 22, 2015

Panel consists of Justices Boyce, Busby, and Brown.


On September 8, 2015, relator Jeffery Alan Harberson filed a pro se petition for writ of mandamus in this Court.   See Tex. Gov't Code Ann. § 22.221 (West 2004);  see also Tex.R.App. P. 52.   In the petition, relator asks this Court to compel the Honorable John Ellisor, presiding judge of the 122nd District Court of Galveston County, to proceed to trial in Trial Court Cause Nos. 15CR0015, 15CR0526, and 15CR0527.

The Galveston County records show that the trial court has appointed counsel to represent relator in these matters.   A criminal defendant is not entitled to hybrid representation and a trial court's decision not to rule on a pro se motion in this situation is not subject to review.  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).

Relator asserts in his petition that the trial court has not ruled on his pro se motion for a speedy trial.   This issue relates directly to criminal proceedings in which relator is represented by counsel.   Therefore, relator has not shown that the trial court has a legal duty to rule on his pro se motion and the trial court's failure to rule is not subject to review by this court.

Accordingly, we deny relator's petition for a writ of mandamus.


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