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HILL v. COURT OF APPEALS FOR FIFTH DIST.

No. 73,938.

34 S.W.3d 924 (2001)

STATE of Texas, ex rel. Bill HILL, Relator, v. COURT OF APPEALS FOR THE FIFTH DISTRICT, Respondent.

Court of Criminal Appeals of Texas.

January 10, 2001.

Attorney(s) appearing for the Case

Karen Nelson, Asst. DA, Dallas, for Relator.

Court of Appeals for the Fifth District, for Respondent.

OPINION

MEYERS, J., delivered the unanimous opinion of the Court.

The Fifth Court of Appeals granted mandamus relief to the real party in interest, David Beck, on the ground that Texas Code of Criminal Procedure article 44.04(b), as applied in this case, is unconstitutional. In re Beck, 26 S.W.3d 553, 555-56 (Tex.App.-Dallas 2000). Relator brought this mandamus...

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