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IN RE STATE

No. 12-07-00280-CR.

249 S.W.3d 675 (2008)

In re STATE of Texas, Relator.

Court of Appeals of Texas, Tyler.

February 29, 2008.

Attorney(s) appearing for the Case

Michael J. West, for relator.

Ronnie Van Baugh, for real party in interest.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.

OPINION

SAM GRIFFITH, Justice.

The State of Texas seeks a writ of mandamus ordering the trial court to disqualify a defendant's trial counsel in a criminal case.1 We deny the requested relief.

BACKGROUND

According to a police report filed as an appendix to the State's petition, Lyle Smith and Jason Usry were involved in a motor vehicle accident. At least one of the witnesses suggested that the...

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