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IN RE BECK

No. 05-00-01100-CV.

26 S.W.3d 553 (2000)

In re David Franklin BECK, Relator.

Court of Appeals of Texas, Dallas.

August 31, 2000.

Attorney(s) appearing for the Case

John D. Nation, Dallas, for Relator.

Karen S. Nelson, Asst. Dist. Atty., William T. (Bill) Hill, Jr., Appellate Section, Dallas, for Real Party In Interest.

Before Chief Justice THOMAS, and Justices KINKEADE and WRIGHT.

OPINION AND ORDER

Opinion By Justice KINKEADE.

Relator David Beck contends the trial judge erred in not considering him eligible for bond under article 44.04 of the code of criminal procedure while his conviction is on appeal. We conclude article 44.04, as applied in this case, impermissibly infringes on relator's due process and equal protection rights. Accordingly, we GRANT relator's petition for writ of mandamus.

Relator was convicted...

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