                                         In The
                                  Court of Appeals
                      Ninth District of Texas at Beaumont
                                  ________________

                                 NO. 09-15-00358-CR
                                  ________________

                   IN RE JOSEPH K. COLONE JR.
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                           Original Proceeding
             252nd District Court of Jefferson County, Texas
               Trial Cause Nos. 10-9680, 10-9681, 10-10213
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                            MEMORANDUM OPINION

      Relator Joseph K. Colone Jr. filed a pro se petition for writ of mandamus, in

which he alleges that he has been confined awaiting trial for approximately five

years, and that after he filed a petition for writ of habeas corpus in each case, the trial

court refused to issue the writs. In his prayer, Colone asks this Court to compel the

trial judge to issue a writ of habeas corpus as to all three cases. In response, the State

points out that Colone is represented by counsel in each case, and, therefore, the trial

court was not obligated to rule on Colone’s pro se petitions for writ of habeas corpus

because Colone is not entitled to hybrid representation.



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      Colone has not demonstrated that he is clearly entitled to mandamus relief

from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34

S.W.3d 924, 927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of

mandamus, a relator must establish that the trial court failed to perform a ministerial

duty, and that relator has no other adequate legal remedy.). Accordingly, we deny

relief on the petition for writ of mandamus.

      PETITION DENIED.



                                                            PER CURIAM


Submitted on September 16, 2015
Opinion Delivered September 30, 2015
Do not publish

Before Kreger, Horton, and Johnson, JJ.




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