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MULLINGS v. MORGAN

No. 11-94-055-CR.

891 S.W.2d 15 (1994)

Jane D. MULLINGS, Relator, v. Hon. James MORGAN, Judge, Respondent.

Court of Appeals of Texas, Eastland.

December 29, 1994.

Attorney(s) appearing for the Case

Christopher Till, Comanche, for appellant.

Andy McMullen, Dist. Atty., Hamilton, for appellee.

OPINION

PER CURIAM.

This is an original proceeding. The issue before this court is whether a trial court can order the sale of a specific asset under TEX. CODE CRIM.PRO.ANN. art. 26.05(e) (Vernon 1989). We hold that the trial court cannot and conditionally grant relator's writ of mandamus.

Relator has been convicted of 23 counts of misapplication of funds by a fiduciary and 72 counts of commercial bribery and has perfected an appeal, which is currently...

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