Opinion
No. 10-07-00339-CR
Opinion delivered and filed December 5, 2007. DO NOT PUBLISH.
Original Proceeding. Petition conditionally granted.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA. (For the reasons expressed in his note in In re Martinez, No. 10-07-00299-CR, 2007 WL 4200652, at *1 (Tex.App.-Waco Nov. 28, 2007, orig. proceeding) (GRAY, C.J., concurring), Chief Justice GRAY would reconsider In re Keeling).
MEMORANDUM OPINION
Kevin Lee Chudej seeks a writ of mandamus compelling the trial court to set aside an ex parte order directing the Department of Criminal Justice to withdraw funds from his inmate trust account for payment of court costs and fees incurred in connection with his felony conviction for failure to comply with sex offender registration requirements. We will conditionally grant the relief requested. This Court has determined that an inmate must be provided procedural due process ( i.e., notice and a meaningful opportunity to be heard) before issuance of an order directing the withdrawal of funds from the inmate's trust account. See In re Keeling, 227 S.W.3d 391, 393-94 n. 2 (Tex.App.-Waco 2007, orig. proceeding). "An order issued without due process is void." Id. at 395. The State concedes in its response that " Keeling's procedural due process requirements have not been met." Thus, the order is void. Id. Therefore, we conditionally grant the requested writ. The writ will issue only if Respondent fails to advise this Court in writing within fourteen days after the date of this opinion that he has: (1) vacated the December 8, 2005 order directing the Department to withdraw funds from Chudej's inmate trust account; and (2) ordered the return of any funds withdrawn pursuant to that order.