in Re the State of Texas Ex Rel.Kim Ogg, Harris County District Attorney
Opinion
Petition for Writ of Prohibition Dismissed and Memorandum Opinion filed May 27, 2021.
In The Fourteenth Court of Appeals NO. 14-20-00794-CR
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Do Not Publish — Tex.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).
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