IN RE WATKINS

No. 05-10-00597-CV.

315 S.W.3d 907 (2010)

In re Craig WATKINS, Criminal District Attorney of Dallas County, Texas, Relator.

Court of Appeals of Texas, Dallas.

June 28, 2010.


Attorney(s) appearing for the Case

Michael R. Casillas, Dallas District Attorney, Dallas, TX, for Relator.

L. Charles Humphreys, Humphreys & Peterson Law Firm, PLLC, Garland, TX, Brian W. Portugal, Dallas County Public Defender's Office, Dallas, TX, for Real Party In Interest.

Before Justices MOSELEY, FRANCIS, and FILLMORE.


OPINION NUNC PRO TUNC

Opinion by Justice MOSELEY.

Relator filed this mandamus proceeding after the trial court entered an order granting real party in interest deferred adjudication on a charge of driving while intoxicated. We conclude the trial court violated a ministerial duty in doing so, and that relator has no adequate remedy at law. Accordingly, we conditionally grant the petition.

Mandamus is appropriate in a criminal case if the relator shows...

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