in Re Joseph Jay Meeks v. State ( 2012 )

Opinion issued September 27, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00532-CR
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IN RE JOSEPH JAY MEEKS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
We withdraw our September 14, 2012 opinion issued in this case, and we
substitute this opinion in its place.
Relator, Joseph Jay Meeks, has filed a petition for writ of mandamus,
challenging the portion of the trial court’s judgment of March 29, 2012 assessing
certain costs and fees against him.1
Meeks was entitled to bring his complaint by direct appeal. See Bates v.
State, No. 07–11–00178–CR, 2012 WL 2072836 (Tex. App.—Amarillo Jun. 8,
2012, no pet.) (modifying trial court’s judgment to delete order for indigent
defendant to pay attorney’s fees). Meeks did not challenge this portion of the trial
court’s judgment by direct appeal, and he filed this mandamus action well beyond
any date for timely filing a notice of appeal. Because Meeks had an adequate
remedy by appeal to challenge the portion of the judgment assessing part of the
court costs and fees against him, we deny the petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.
Do not publish. TEX. R. APP. P. 47.2(b).
1
The underlying case is State of Texas v. Joseph Jay Meeks, No. 12CR0859, in the
122nd District Court of Galveston County, Texas, the Honorable John Ellisor
presiding.
2