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STATE EX REL. CURRY v. GILFEATHER

No. 2-96-259-CV.

937 S.W.2d 46 (1996)

The STATE of Texas ex rel. Tim CURRY, Criminal District Attorney of Tarrant County, Texas, Relator, v. Hon. Pete GILFEATHER, Judge County Criminal Court No. 10 Tarrant County, Texas, Respondent.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 16, 1997.

Attorney(s) appearing for the Case

Tim Curry, Criminal District Attorney; and Charles M. Mallin, Assistant District Attorney, Fort Worth, for relator.

Michael Logan Ware, Fort Worth, for respondent.

Elizabeth A. Berry, Fort Worth, for real party.

Before CAYCE, C.J., and LIVINGSTON and BRIGHAM, JJ.

OPINION

LIVINGSTON, Justice.

The issue in this mandamus proceeding is whether Respondent the Honorable Pete Gilfeather, Judge of County Criminal Court No. 10 of Tarrant County, Texas, has jurisdiction to grant an occupational driver's license to a defendant who has a DWI case pending in that court, but who has not yet been convicted of DWI. Because we find Respondent did not have jurisdiction over this matter, we hold his order granting the occupational...

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