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STATE EX REL. WILSON v. HARRIS

No. 55315.

555 S.W.2d 470 (1977)

STATE of Texas ex rel. Ronald L. WILSON, Criminal District Attorney, Galveston County, Texas, Relator, v. Ed J. HARRIS, District Judge, 10th District Court, Galveston County, Texas, as Acting Judge, 212th District Court, Galveston County, Texas, Respondent.

Court of Criminal Appeals of Texas.

September 14, 1977.

Attorney(s) appearing for the Case

Ronald L. Wilson, Dist. Atty. and Michael J. Guarino, II, Asst. Dist. Atty., Galveston, for relator.

Andrew Z. Baker, Ted R. Allmond and Richard Thornton, Galveston, for respondent.

Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is an original action seeking issuance of a writ of mandamus directing respondent to set aside an order entered on June 13, 1977, in the State of Texas v. Donnie Botello, cause number 32,975 in the 212th District Court of Galveston County.

On February 16, 1976, cause number 32,975 was called for trial in the 212th District Court, and Botello was convicted of a lesser included misdemeanor on February 19, and was assessed...

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