Court of Criminal Appeals of Texas

Dusty Duane Curry, Applicant v. Hon. Sharen Wilson, Judge, Criminal District Court No. 1, Tarrant County, Respondent

April 7, 19931993 Tex. Crim. App. LEXIS 82

Summary

The Court of Criminal Appeals denied the applicant's writ of prohibition, holding that it has jurisdiction over the dispute and that the trial court retained authority under Tex.Code Crim.Proc.Ann. Art. 26.05(e) to order repayment of appointed counsel fees even after an acquittal. The Court also found no due‑process or equal‑protection violation. Justice Clinton dissented, arguing the trial court lacked jurisdiction post‑acquittal and that mandamus, not prohibition, was the proper remedy.