in Re Jeffery Dewayne Byrd

• Court: Court of Appeals of Texas
• Decided: April 27, 2022
• Docket: 10-22-00110-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00110-CR

IN RE JEFFERY DEWAYNE BYRD

Original Proceeding ______________

From the 54th District Court McLennan County, Texas Trial Court No. 95-78-C

MEMORANDUM OPINION

In this proceeding, Jeffery Dewayne Byrd seeks a writ of mandamus from this

Court compelling the trial court to withdraw an order to withhold funds from his inmate

account. The procedure necessary to complain about an order to withhold funds from

an inmate account was described in Harrell v. State, 286 S.W.3d 315 (Tex. 2009). Pursuant

to that procedure, a motion complaining about the withdrawal order should be filed with

the trial court clerk for the trial court that signed the order. In re Buhl, 622 S.W.3d 396,

397 (Tex. App.—Waco 2020, orig. proceeding). If the trial court denies the relief requested

in the motion, then an appeal, which will be a civil proceeding, can be taken from that

denial. Id.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Smith, and Justice Rose 1 Petition denied Opinion delivered and filed April 27, 2022 Do not publish [OT06]

1 The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.

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