In re Carol Jackson--Appeal from County Court at Law No 7 of Bexar County

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MEMORANDUM OPINION
No. 04-03-00501-CV
IN RE Carol JACKSON
Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: July 23, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered relator's petition for writ of mandamus, and is of the opinion that relator has not shown herself entitled to mandamus relief. See Tex. R. App. P. 52.8(a). Accordingly, relator's petition for writ of mandamus is denied. (2)

Relator shall pay all costs incurred in this proceeding.

The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.

PER CURIAM

1. This proceeding arises out of Cause No. 838402, styled The State of Texas v. Carol Jackson, in the County Court at Law No. 7, Bexar County, Texas, the Honorable Monica Guerrero presiding.

2. Relief from the effects of a misdemeanor judgment should be sought by writ of habeas corpus in the district court or county court at law. See Tex. Code Crim. Proc. Ann. art. 11.05; Ex parte Schmidt, Nos. 1104-00, 1105-99 (Tex. Crim. App. July 9, 2003) (county courts at law and district courts authorized to issue the writ of habeas corpus when a person is restrained by a misdemeanor conviction, even if applicant is not confined).

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