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WICE v. FIFTH JUDICIAL DISTRICT COURT

No. WR-86,920-02.

581 S.W.3d 189 (2018)

In re STATE of Texas EX REL. Brian W. WICE, Relator v. The FIFTH JUDICIAL DISTRICT COURT OF APPEALS, Respondent.

Court of Criminal Appeals of Texas.

Rehearing Denied June 19, 2019.

Attorney(s) appearing for the Case

Brian W. Wice , Bar No. 21417800, 440 Louisiana Suite 900, Houston, Texas 77002, Kent A. Schaffer , Bar No. 17724300, Nicole DeBorde , Bar No. 00787344, 712 Main Suite 2400, Houston, Texas 77002, for Appellant.

Clyde M. Siebman , Texas Bar No. 18341600, Siebman, Burg, Phillips & Smith, LLP, 300 North Travis, Sherman, Texas 75090, Bryan H. Burg , Texas Bar No. 03374500, Siebman, Burg, Phillips & Smith, LLP, 4949 Hedgcoxe Road, Suite 230, Piano, Texas 75024, Stacey Soule, State's Attorney, Austin, for State.

This case is about whether a trial court can pay an appointed prosecutor at an hourly rate even though the fee schedule approved by the judges of the county only allows for payment of a fixed fee. Relators (the attorneys appointed to...

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