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EX PARTE AINSWORTH

No. 10-06-00073-CR.

218 S.W.3d 315 (2007)

Ex parte Daniel Lee AINSWORTH.

Court of Appeals of Texas, Waco.

April 18, 2007.

Attorney(s) appearing for the Case

Daniel Lee Ainsworth, Tennessee Colony, TX, pro se.

John C. Paschall, Franklin County District Atty., Franklin, TX, for Appellee/Respondent.

DISSENTING OPINION TO ABATEMENT ORDER

TOM GRAY, Chief Justice.

I dissent.1 "A court of appeals must not affirm or reverse a judgment . . . if . . . the trial court's erroneous action or failure or refusal to act prevents the proper presentation of a case to the court of appeals." TEX.R.APP. P. 44.4(a). Here, the case is properly presented to this Court; the habeas court's action is ready to be, can be, and should now be reviewed...

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