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ATER v. EIGHTH COURT OF APPEALS

No. 71131.

802 S.W.2d 241 (1991)

Hon. Gene ATER, Judge 70th District Court & Hon. Tryon D. Lewis, Judge, 161st District Court, Relators, v. The EIGHTH COURT OF APPEALS, Respondent.

Court of Criminal Appeals of Texas, En Banc.

January 16, 1991.

Attorney(s) appearing for the Case

Gary Garrison, Dist. Atty. and Dennis Cadra, Asst. Dist. Atty., Odessa, for relators.

Max N. Osborn, Chief Justice, Eighth Court of Appeals, El Paso, for respondent.

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

Before the court en banc.

OPINION

OVERSTREET, Judge.

This is an original action brought by District Judges Ater and Lewis from Ector County (relators). The relators want this Court to issue a writ of mandamus directing the court of appeals to set aside an order granting mandamus relief to a criminal defendant, Cecilio Beyna. The court of appeals granted mandamus relief against the relators by directing them to vacate the defendant's final felony conviction. 793 S...

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