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GARCIA v. DIAL

No. 61450.

596 S.W.2d 524 (1980)

David Martinez GARCIA, Petitioner, v. Preston H. DIAL, Jr., Respondent.

Court of Criminal Appeals of Texas, Panel No. 2.

April 2, 1980.

Attorney(s) appearing for the Case

Fred A. Semaan, San Antonio, for petitioner.

Bill M. White, Dist. Atty. and Alan E. Battaglia, Asst. Dist. Atty., San Antonio, Robert Huttash, State's Atty., Austin, for respondent.

DOUGLAS, PHILLIPS and CLINTON, JJ.

OPINION

CLINTON, Judge.

This is an original action brought by David Martinez Garcia seeking a writ of mandamus directing the Honorable Preston H. Dial, Jr., Judge of the 175th Judicial District Court of Bexar County, to set aside an order reinstating Cause Number 78-CR-1183 on the court's docket; petitioner further seeks the issuance of a writ of prohibition preventing Judge Dial from proceeding to trial of petitioner in Cause Number 78-CR-1183.

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