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STATE EX REL. RODRIGUEZ v. ONION

No. 69853.

741 S.W.2d 433 (1987)

STATE of Texas ex rel. Fred C. RODRIGUEZ, District Attorney, Relator, v. Honorable James C. ONION, Judge 73rd District Court, Respondent.

Court of Criminal Appeals of Texas, En Banc.

November 12, 1987.

Attorney(s) appearing for the Case

Fred G. Rodriguez, Dist. Atty. and Ilse D. Bailey-Graham, Asst. Dist. Atty., San Antonio, for relator.

Jim Mattox, Atty. Gen. and Mary F. Keller, F. Scott McCown and C. Rex Hall, Jr., Asst. Attys. Gen., Austin, for respondent.

William H. Ferguson, San Antonio, for real party in interest.

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

Before the court en banc.

OPINION

McCORMICK, Judge.

This is an original application for writs of mandamus and prohibition. The relator alleges that the respondent, a district court judge, was without jurisdiction to issue a writ of habeas corpus in a case involving a misdemeanor conviction which had been tried in County (Probate) Court. We find relator's argument to be without merit and deny the writ for the reasons given below.

Chapter Eleven of the Code of Criminal Procedure...

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