Ater v. Eighth Court of Appeals

OPINION

OVERSTREET, Judge.

This is an original action brought by District Judges Ater and Lewis from Ector County (relators). The relators want this Court to issue a writ of mandamus directing the court of appeals to set aside an order granting mandamus relief to a criminal defendant, Cecilio Beyna. The court of appeals granted mandamus relief against the relators by directing them to vacate the defendant’s final felony conviction. 793 S.W.2d 313. The relators contend that the court of appeals clearly abused its discretion in granting the mandamus relief. We will grant the relief requested.

The…