## NO. 12

- 22

- 00010

- CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE:
DAVID RAY STUA , RE LA TOR § § § ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM David Ray Stua, acting pro se, filed this original proceeding in whic h he asserts that he wants to act as co

- counsel with his court appointed attorney rather than acting pro so in the cri mi nal proceedings against him or having appointed counsel act as standby counsel. 1 Thus, he seeks a writ of mandamus o rdering Respondent to rule on his motion for hybrid representation. 2 On January 18, 2022 , the Clerk of this Court informed Relator that h is petition fails to comp ly with appellate R ules 52.3( a)

- ( d ) , (f)

- (g) and ( k) and 52.7. See T EX

. R. A PP

. P. 52.3 ( form and contents of pe tition ); see als o T EX

. R. A PP

. P. 52.7 (record ). The notice warned that the petition would be referred to this Court fo r dismissal unless Relator provi ded an amended petition and the record on or before January 28

. This deadline expired without a respons e from R elator

. Gen erally, a party seeking m andamus relief must bring forward all that is necessary to establish his c la im fo r mandamus relief. See T EX

. R. A PP

. P

. 52. T he petition must contain certain items, including the identity of parties and counsel , a table of contents, an index of authorities, a statement of the case , issues presented, a statement of facts, and an append ix

. See

1 Respondent is the Honorable Paul E. White, Judge of the 159 th District Court in Ange lina County, Texas. The State of Texas is the Real Party in Interest.

2 Relator is not entitled to hybrid repres entation and a t rial court may disregard any pro se motions filed by a defendant who is represented by counsel. S ee Robinson v. State , 240 S.W.3d 919, 922 (Tex. Crim. App. 2007) ; see also In re Adkins , No. 12

- 15

- 00135

- CR, 2015 WL 3505202, at *1 n.1 (Tex. App.

— Tyler June 3, 2015, no pet.) (mem. op., not designated for publication)

.2 T EX

. R. A PP

. P. 52.3 (a)

- ( d ), ( f )

- ( g ) , (k)

. Texas Rule of Appellate Procedure 52.7 requires the relator to file a record as part of his petitio n in an original proceeding. T EX

. R. A PP

. P. 52.7

. Specifically, a relator must file (1) a certified or sworn copy of e very document that is material to his claim for relief and that was file d in any underlying proceeding; and (2) “a prope r ly authenticated tran script of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter co mplained.” T EX

. R. A PP

. P

. 52.7 (a)

. It is a relator ’ s burden to provide this court with a record suff icient to establ ish the right to extraordinary relief. See In re Daisy , No. 12

- 13

- 00266

- CR, 2014 WL 55 770 68, at *2 (Tex. App.

– Tyler Aug. 29, 2014, orig. proceeding) (mem. op., not designated for publication)

. In this

cas e, Relator did n ot pr ovide a record in accordance with Rule 52.7

. Absent a record, we cannot determine whet her Relator is entitled to relief. See In re McCreary , No. 12

- 15

- 00067

- CR, 2015 W L 1395783 (Tex. App.

– T yler Mar. 25, 2015, orig. proceeding) (per curiam) (mem. op., not desig nated for publication)

. Because Re lator ’ s petiti on fails to comply with the appellate rules, he presents nothing for this Court to review. 3 Therefore, we deny h is petition for writ of

ma ndamus

. Opinion delivered February 9, 2022. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J

.

(DO NOT PUBLISH)

3 Pro se l itigants are held to the same standards as licensed attorne ys and must comp ly with all applicable rules of procedure; otherwise, pro se litigants would benefit from an unfair advantage over part ies rep resented by counsel. I n re Guer r ero , No. 12

- 21

- 00100

- CR , 20 21 WL 3412558 , at * 1 n .3 (Tex. App.

— Ty ler Aug. 4, 2021 , no pet.) (mem. op. , not designated for publication )

.3 

## COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JU DGMENT

FEBRUARY 9, 2022 NO. 12

- 22

- 00010

- CR

DAVID RAY STUA , Relator V. HON. PAUL E. WHITE , Respondent

O RIGINAL P ROCEEDING

ON THIS D AY came to be heard the petition for writ of mandamus filed by David Ray S tua ; who is the relator in appell ate cause num b er 12

- 22

- 00010

- C R and the defendan t in trial court cause n umber 2021

- 0580 , pending on the docket of the 159th Judicial District Court of Angel ina County , Texas. Said petition for writ of mandamus having been filed herein on January 18, 2022 , and the same having been duly considere d, because it is the opinion of this Court that the writ should not issue , it is therefore CONSIDERED, ADJUD GED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby denied

. By per curiam opinion. Pan el consisted of Worthen, C.J., Hoyle, J. and Neeley, J.