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ROBERTS v. LOWRY

No. 01-87-01001-CV.

742 S.W.2d 747 (1987)

Lamont ROBERTS, Relator, v. The Honorable Robert LOWRY, Judge of the 313th District Court, Harris County, and John B. Holmes, Jr., Harris County District Attorney, Respondents.

Court of Appeals of Texas, Houston (1st Dist.).

November 25, 1987.

Attorney(s) appearing for the Case

Charles F. Baird, Michael B. Charlton, Houston, for relator.

John B. Holmes, Jr., Harris County Dist. Atty., Winston E. Cochran, Jr., Roger Haseman, Harris County Asst. Dist. Attys., Houston, Robert Lowry, Judge, 313th District Court (No Response), Houston, for respondents.

Before EVANS, C.J., and DUGGAN and SAM BASS, JJ.

SAM BASS, Justice.

Relator, Lamont Roberts, a juvenile charged with murder, challenges the authority of Harris County District Attorney John B. Holmes, Jr., to prosecute juvenile certification proceedings against the relator. Relator asks this Court to order Holmes to withdraw from the prosecution of this case and to order the trial judge, the Honorable Robert Lowry, to strike Holmes' pleadings. We overrule the motion for leave to file.

Initially we note that...

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