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IN RE STATE EX REL. THARP

No. AP-76,916.

393 S.W.3d 751 (2012)

In re the STATE of Texas ex rel. Jennifer THARP, Relator.

Court of Criminal Appeals of Texas.

Rehearing Denied February 6, 2013.

Dissenting Opinion on Denial of Rehearing February 27, 2013.

Attorney(s) appearing for the Case

John G. Jasuta , David A. Schulman , Austin, Stanley G. Schneider , Houston, for Respondent.

Sammy M. McCrary , Asst. District Atty., New Braunfels, Lisa C. McMinn , State's Attorney, for State.

KELLER, P.J., delivered the opinion of the Court in which KEASLER, HERVEY, COCHRAN, and ALCALÁ, JJ., joined.

The State seeks the issuance of a writ of mandamus to require a trial judge to submit the entire case — both guilt and punishment — to the jury after the defendant pled guilty to the jury. We shall grant relief.

I. BACKGROUND

A. Plea Proceedings

Cary Faulkner was charged with felony DWI.1

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