Opinion
Nos. 10-07-00035-CR, 10-06-00343-CR
Opinion delivered and filed August 8, 2007. DO NOT PUBLISH.
Appeal from the 54th District Court McLennan County, Texas, Trial Court No. 2003-964-C. Original Proceeding.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Relator David Jones, Jr. seeks mandamus relief regarding the trial court's August 18, 2006 Order with an attached Bill of Cost totaling $8,457.22 authorizing payments to be made toward this amount from Jones's inmate trust fund account. Jones's "application" for writ of mandamus alleges that on January 27, 2004, he was convicted of attempted burglary of a habitation and sentenced to 70 years in prison. He states that costs were originally assessed at $393. In light of In re Keeling, — S.W.3d —, 2007 Tex. App. LEXIS 4435 (Tex. App — Waco June 6, 2007, orig. proceeding), Jones was not afforded procedural due process before entry of the August 18, 2006 Order, and that order is void. Any funds removed from Jones's inmate account must be returned to his account. Accordingly, we conditionally grant mandamus relief, and the writ will issue only if the trial court fails to vacate its August 18, 2006 Order and fails to order the return of any removed funds within fourteen days from the date of this opinion. Prior to filing this mandamus proceeding, Jones filed an appeal with this Court from the same trial court order. Because of the disposition of this mandamus proceeding, that appeal, number 10-06-00343-CR, is dismissed as moot. Writ granted Appeal dismissed