State Ex Rel. Heberlie v. Martinez

BOOKER T. SHAW, Presiding Judge.

On December 30, 2003, Christopher W. Heberlie (“Relator”) filed a petition for writ of prohibition (“Petition”) to prohibit the Honorable Sandra Martinez (“Respondent”) from conducting a probation revocation hearing scheduled for January 6, 2004 in the underlying case, Cause No. CR994-11FX. Relator asserts that the trial court does not have jurisdiction to revoke his probation. A preliminary order was issued on December 31, 2003, wherein Respondent was ordered to refrain from all action in the case, and was directed to file an answer to the Petition on or…