Bruce Charles Shelley v. the State of Texas

Opinion

Order filed December 1, 2022.

In The

Fourteenth Court of Appeals

NO. 14-21-00164-CR

BRUCE CHARLES SHELLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court Colorado County, Texas Trial Court Cause No. 19-25,801

ORDER

The court requests additional briefing from the State and appellant regarding whether the “motion in procedendo” is a petition for a writ of procedendo, or is in substance a motion to dismiss. If appellant actually requested a writ of procedendo, then the clerk’s record does not reflect that the county judge ordered the clerk to issue that writ. There is also no appellate briefing as to whether the county judge has the power to grant a writ of procedendo. See Tex. Gov’t Code Ann. § 26.051.

The additional briefing should be filed with the clerk of this court before or on December 16, 2022.

PER CURIAM

Panel consists of Justices Wise, Spain, and Hassan.