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STATE EX REL. SMITH v. BLACKWELL

No. 47573.

500 S.W.2d 97 (1973)

STATE of Texas ex rel. Robert O. SMITH, District Attorney, 53rd Judicial District, Travis County, Texas, Relator, v. Thomas D. BLACKWELL, Judge, 167th Judicial District Court, Travis County, Texas, Respondent.

Court of Criminal Appeals of Texas.

Rehearing Denied October 31, 1973.

Attorney(s) appearing for the Case

Sam Houston Clinton, Jr., Austin, for Judge Tom Blackwell.

Robert O. Smith, Dist. Atty., David Spencer, Asst. Dist. Atty., Austin, W. T. Westmoreland, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This writ of prohibition proceeding presents the question of the Legislature's authority to enact legislation empowering district judges to resentence under a new law those individuals who were previously convicted of offenses involving marihuana under a prior law.

In this proceeding the relator, Honorable Robert O. Smith, District Attorney of Travis County, seeks to prevent the respondent, Honorable Thomas D. Blackwell...

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