Opinion
No. 05-19-00889-CR
06-30-2020
EX PARTE JEFFREY LEON BARRETT
On Appeal from the 354th District Court Hunt County, Texas
Trial Court Cause No. 32470CRORDER
Before Justices Osborne, Partida-Kipness, and Pedersen, III
Jeffrey Leon Barrett appeals the trial court's denial of his second pretrial application for writ of habeas corpus challenging the constitutionality of sections 20A.02(a)(5) and 20A.02(a)(6) of the Texas Penal Code. Appellant's wife, Barbara Jean Barrett, is charged with the same offense. Her appeal of the trial court's denial of her second pretrial application for writ of habeas corpus challenging the constitutionality of sections 20A.02(a)(5) and (6) of the Texas Penal Code is pending in the Court under cause number 05-19-00883-CR. The legal issues raised by Appellant in this proceeding are identical to the legal issues raised in his wife's appeal. Both cases were submitted without oral argument before the same panel of justices of this Court on November 20, 2019. We conclude that these appeals should be decided together.
Accordingly, on the Court's own motion, we ORDER cause number 05-19-00883-CR CONSOLIDATED into cause number 05-19-00889-CR. We DIRECT the Clerk of this Court to remove all documents from cause number 05-19-00883-CR and refile them in cause number 05-19-00889-CR and to treat cause number 05-19-00883-CR as a closed case. We ORDER that all future pleadings be filed in and bear only cause number 05-19-00889-CR. An opinion will issue in the consolidated case in due course.
/s/ ROBBIE PARTIDA-KIPNESS
JUSTICE