In re Basham

Full title: IN RE BILLY J. BASHAM

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Nov 13, 2008

No. 13-08-00478-CR (Tex. App. Nov. 13, 2008)

Opinion

No. 13-08-00478-CR

Opinion delivered and filed November 13, 2008. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).

On Petition for Writ of Mandamus.

Before Justices RODRIGUEZ, GARZA, and VELA.

MEMORANDUM OPINION

PER CURIAM[fn1]. [fn1] See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

Relator, Billy J. Basham, filed a petition for writ of mandamus in the above cause on August 11, 2008. This petition for writ of mandamus was originally filed in this Court as a criminal, rather than civil, cause. Based on recent analysis from the Texas Court of Criminal Appeals, however, we will transfer this matter to our civil cause number 13-08-00629-CV, and will consider it therein. See In re Johnson, No. AP-75,898, slip. op. ¶ 22 (Tex.Crim.App. Oct. 29, 2008) (orig. proceeding), available at http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=1 7534. Therefore, this criminal cause is hereby DISMISSED.