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RODRIGUEZ v. COURT OF APPEALS, EIGHTH SUPREME JUDICIAL DIST.

No. 70000.

769 S.W.2d 554 (1989)

Frank RODRIGUEZ, Jr., Relator, v. COURT OF APPEALS, EIGHTH SUPREME JUDICIAL DISTRICT, Respondent.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 10, 1989.

Attorney(s) appearing for the Case

Arvel (Rod) Ponton, III, El Paso, for relator.

Max N. Osborn, C.J., and Charles R. Schulte, Larry L. Fuller, and Jerry Woodard, JJ., of the Eighth Court of Appeals, El Paso, for respondents, Steve W. Simmons, Dist. Atty. and Robert Dinsmoore, Asst. Dist. Atty., Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MILLER, Judge.

Relator seeks to invoke this Court's original jurisdiction to issue writs of mandamus pursuant to Article 5, § 5 of the Texas Constitution.

Relator was convicted by a jury of felony theft on January 14, 1987, and the jury assessed punishment at five years probation and a $5,000 fine. Thereafter, on February 13, 1987, relator timely filed a motion for new trial alleging newly discovered evidence. This motion was overruled...

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