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In re State ex rel. Ogg

State of Texas in the Fourteenth Court of Appeals
May 27, 2021
NO. 14-20-00794-CR (Tex. App. May. 27, 2021)

Opinion

NO. 14-20-00794-CR

05-27-2021

IN RE THE STATE OF TEXAS EX REL.KIM OGG, HARRIS COUNTY DISTRICT ATTORNEY, Relator


ORIGINAL PROCEEDING WRIT OF PROHIBITION
County Criminal Court at Law No. 8 Harris County, Texas
Trial Court Cause No. 2232126

MEMORANDUM OPINION

On November 24, 2020, relator the State of Texas ex rel.Kim Ogg, Harris County District Attorney, filed a petition for writ of prohibition in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to prohibit the Honorable Franklin Bynum, presiding judge of County Criminal Court at Law No. 8 of Harris County, to act as the factfinder in the underlying case without the State's consent.

The trial court held a bench trial in the underlying case and entered a judgment of acquittal. The State filed a motion to dismiss the petition for writ of prohibition as moot. The motion is GRANTED.

Accordingly, the State's petition for writ of prohibition is dismissed for lack of jurisdiction.

PER CURIAM Panel consists of Justices Jewell, Poissant, and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

In re State ex rel. Ogg

State of Texas in the Fourteenth Court of Appeals
May 27, 2021
NO. 14-20-00794-CR (Tex. App. May. 27, 2021)
Case details for

In re State ex rel. Ogg

Case Details

Full title:IN RE THE STATE OF TEXAS EX REL.KIM OGG, HARRIS COUNTY DISTRICT ATTORNEY…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 27, 2021

Citations

NO. 14-20-00794-CR (Tex. App. May. 27, 2021)