State Ex Rel. Sutton v. Bage

OPINION

CAMPBELL, Judge.

This is an original mandamus proceeding. Relator Ronald L. Sutton, district attorney of the 198th judicial district, asks this Court to issue a writ of mandamus directing respondent Susan K. Bage, clerk of the Third Court of Appeals, to file the State’s appeal in the underlying criminal action. We will deny the requested relief.

Sometime in 1989, the McCulloch County 1 grand jury indicted Billie Sol Estes and four others for engaging in organized criminal activity. See Tex.Penal Code § 71.02. The defendants subsequently moved to have the indictment quashed. The trial…