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In re Meeks

Court of Appeals For The First District of Texas
Sep 27, 2012
NO. 01-12-00532-CR (Tex. App. Sep. 27, 2012)

Summary

denying mandamus challenging portion of judgment assessing costs because relator "was entitled to bring his complaint by direct appeal"

Summary of this case from Barnett v. State

Opinion

NO. 01-12-00532-CR

09-27-2012

IN RE JOSEPH JAY MEEKS, Relator


Original Proceeding on Petition for Writ of Mandamus


MEMORANDUM OPINION

We withdraw our September 14, 2012 opinion issued in this case, and we substitute this opinion in its place.

Relator, Joseph Jay Meeks, has filed a petition for writ of mandamus, challenging the portion of the trial court's judgment of March 29, 2012 assessing certain costs and fees against him.

The underlying case is State of Texas v. Joseph Jay Meeks, No. 12CR0859, in the 122nd District Court of Galveston County, Texas, the Honorable John Ellisor presiding.

Meeks was entitled to bring his complaint by direct appeal. See Bates v. State, No. 07-11-00178-CR, 2012 WL 2072836 (Tex. App.—Amarillo Jun. 8, 2012, no pet.) (modifying trial court's judgment to delete order for indigent defendant to pay attorney's fees). Meeks did not challenge this portion of the trial court's judgment by direct appeal, and he filed this mandamus action well beyond any date for timely filing a notice of appeal. Because Meeks had an adequate remedy by appeal to challenge the portion of the judgment assessing part of the court costs and fees against him, we deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

In re Meeks

Court of Appeals For The First District of Texas
Sep 27, 2012
NO. 01-12-00532-CR (Tex. App. Sep. 27, 2012)

denying mandamus challenging portion of judgment assessing costs because relator "was entitled to bring his complaint by direct appeal"

Summary of this case from Barnett v. State
Case details for

In re Meeks

Case Details

Full title:IN RE JOSEPH JAY MEEKS, Relator

Court:Court of Appeals For The First District of Texas

Date published: Sep 27, 2012

Citations

NO. 01-12-00532-CR (Tex. App. Sep. 27, 2012)

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