State Ex Rel. Hill v. Court of Appeals for the Fifth District

OPINION

MEYERS, J.,

delivered the unanimous opinion of the Court.

The Fifth Court of Appeals granted mandamus relief to the real party in interest, David Beck, on the ground that Texas Code of Criminal Procedure article 44.04(b), as applied in this case, is unconstitutional. In re Beck, 26 S.W.3d 553, 555-56 (Tex.App.—Dallas 2000). Relator brought this mandamus action contesting the Court of Appeals’ issuance of the writ of mandamus. We hold the Court of Appeals abused its discretion in granting mandamus relief.

Beck was convicted by a jury of sexual assault of a child, an offense enumerated…