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in Re: The State of Texas

Citation: Not availableDocket: 08-12-00165-CR

Court: Court of Appeals of Texas; August 14, 2013; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Eighth District of Texas issued an order for a Writ of Mandamus against Judge Marcos Lizarraga of the 168th District Court of El Paso County. This action was prompted by the Judge's failure to comply with a prior opinion and judgment from the Court, dated February 20, 2013, which mandated the entry of a deadly weapon finding in the deferred adjudication order for case number 20120D01531, titled The State of Texas v. Steven Castro. The Court ordered that the Judge must complete this requirement by September 13, 2013. The order was signed by Chief Justice Ann Crawford McClure and involved Justices Rivera and Antcliff, with Antcliff not participating.

Legal Issues Addressed

Deadline for Compliance with Appellate Orders

Application: The Court set a specific deadline for Judge Lizarraga to fulfill the mandated action regarding the deadly weapon finding.

Reasoning: The Court ordered that the Judge must complete this requirement by September 13, 2013.

Issuance of Writ of Mandamus

Application: The Court of Appeals issued a Writ of Mandamus to compel Judge Marcos Lizarraga to comply with its prior opinion and judgment.

Reasoning: The Court of Appeals for the Eighth District of Texas issued an order for a Writ of Mandamus against Judge Marcos Lizarraga of the 168th District Court of El Paso County.

Judicial Compliance with Appellate Court Orders

Application: The appellate court required the lower court judge to include a deadly weapon finding in the deferred adjudication order, as previously mandated.

Reasoning: This action was prompted by the Judge's failure to comply with a prior opinion and judgment from the Court, dated February 20, 2013, which mandated the entry of a deadly weapon finding in the deferred adjudication order for case number 20120D01531, titled The State of Texas v. Steven Castro.