STATE EX REL. HOLMES v. DENSON

No. 69257.

671 S.W.2d 896 (1984)

STATE of Texas, ex rel., John B. HOLMES, District Attorney, Applicant, v. Honorable Woody R. DENSON, Judge, Respondent.

Court of Criminal Appeals of Texas, En Banc.

June 27, 1984.


Attorney(s) appearing for the Case

Robert Pelton, Jim Skelton, Houston, for respondent.

John B. Holmes, Jr., Dist. Atty. and Calvin A. Hartmann, Asst. Dist. Atty., Houston, for applicant.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

CAMPBELL, Judge.

This is an original application for writ of mandamus by which the District Attorney of Harris County, as applicant, seeks to have a pre-trial order entered by respondent trial judge set aside. Tex.Const. Art. V, Sec. 5; Art. 4.04, V.A.C.C.P. Applicant alleges that respondent exceeded his authority in holding V.T.C.A. Penal Code, Sec. 71.03 (defenses excluded under Organized Criminal Activity statute) unconstitutional and ordering...

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