Legal Opinion

In re Behee

Court of Appeals of Texas

Decided February 10, 1999No. 10-99-003-CRPublishedCited by 1 opinion

1Opinion of the Court

OPINION

2Per curiam

Relator Stephen Marty Behee seeks a writ of mandamus directing the Honorable James E. Morgan to vacate his order terminating appointed counsel in a criminal case. We conclude that Behee is entitled to the relief sought and conditionally grant the writ.

BACKGROUND

Behee was arrested August 11, 1998, on a charge of aggravated sexual assault. His bond was set at $50,000. On September 30, Behee filed an affidavit of indigency and requested an appointed attorney. On that day, Respondent entered an order appointing Tony Silas. The order tracked the statutory language of article 26.04(a) that…

3Cases cited3 opinions

  1. Buntion v. HarmonCourt of Criminal Appeals of Texas · 1992
  2. Stearnes v. ClintonCourt of Criminal Appeals of Texas · 1989
  3. Stotts v. WisserCourt of Criminal Appeals of Texas · 1995

4Cited by1 opinion

  1. Enriquez v. State, Texas Court of Appeals, 10th District (Waco)1999

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