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STATE EX REL. SUTTON v. BAGE

No. 71227.

822 S.W.2d 55 (1992)

STATE of Texas ex rel. Ronald L. SUTTON, Relator, v. Susan K. BAGE, Respondent.

Court of Criminal Appeals of Texas, En Banc.

January 15, 1992.

Attorney(s) appearing for the Case

Patrick Shannon, Chief Staff Atty., Third Court of Appeals, Austin, for respondent.

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

Before the court en banc.

OPINION

CAMPBELL, Judge.

This is an original mandamus proceeding. Relator Ronald L. Sutton, district attorney of the 198th judicial district, asks this Court to issue a writ of mandamus directing respondent Susan K. Bage, clerk of the Third Court of Appeals, to file the State's appeal in the underlying criminal action. We will deny the requested relief.

Sometime in 1989, the McCulloch County1 grand jury indicted Billie...

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