In Re Barber

BAKER, Justice,

files a dissenting opinion,

in which, SPECTOR, Justice, joins.

This case involves an original mandamus proceeding. Therefore, mandamus standards of review should apply. Admittedly, under the facts of this case, to deny mandamus relief to the relator leads to a harsh result at this time. But here the Court rewrites existing precedent by the Court of Criminal Appeals, ignores conflicting evidence in the record, and circumvents well-settled mandamus law to reach the result it desires. In my view, the record, existing precedent and mandamus standards lead to the conclusion that…