Baize v. Shaver

The resolution of this mandamus turns on whether one views the proceedings below as a bond forfeiture or a restoration of property pursuant to article 47.02 of the Code of Criminal Procedure. If this had been a bond forfeiture, I would agree there is precedent supporting the availability of mandamus relief. See De Leon v. Pennington, 759 S.W.2d 201 (Tex.App.—San Antonio 1988, orig. proceeding). Because the proceedings below were clearly pursuant to article 47.02, and because a clear remedy by appeal is available from an erroneous ruling made pursuant to article 47.02, I respectfully dissent…