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STATE EX REL. MILLSAP v. LOZANO

No. 69451.

692 S.W.2d 470 (1985)

STATE of Texas ex rel. Sam D. MILLSAP, Jr., Criminal District Attorney, Bexar County, Petitioner, v. R. Robert LOZANO, Judge County Court at Law No. 6, Bexar County, Respondent.

Court of Criminal Appeals of Texas, En Banc.

June 19, 1985.

Attorney(s) appearing for the Case

Sam D. Millsap, Jr., Dist. Atty., Kirk Sherman and Charles Estee, Asst. Dist. Attys., San Antonio, for petitioner.

Robert A. Valdez, Gary M. Burton, Leo Dougherty, San Antonio, for respondent.

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

Before the court en banc.

OPINION

ONION, Presiding Judge.

We granted leave to file petitioner's original application for writ of mandamus, pursuant to Article V, § 5, Texas Constitution, to order a trial judge to vacate his orders recusing another county court at law judge from the trial of a criminal case after the completion of the guilt and penalty stages of the trial in the second judge's court.

The issue is involved in a highly unusual fact situation—a multi...

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