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 denied the applicant’s writ of prohibition, holding that the trial court retained jurisdiction to order repayment of attorney fees under Tex.Code Crim.Proc.Ann. Art. 26.05(e) even after an acquittal, and that the statute does not violate due process or equal protection. The dissent argued that the majority misread the statute and that mandamus, not prohibition, was the proper remedy.