Smith, George Wayne ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,872-01
EX PARTE GEORGE WAYNE SMITH, Applicant
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NO. C-19,057-A IN THE 173RD DISTRICT COURT
HENDERSON COUNTY
P RICE, J., filed a concurring statement.
CONCURRING STATEMENT
I agree that the applicant’s second claim, complaining of the erroneous assessment of
attorney fees, is not cognizable by way of an application for writ of habeas corpus. It should
be dismissed. I write separately simply to note that the applicant may obtain relief from those
fees by raising this claim in an application for writ of mandamus, as we have previously held
that “questions of the validity of orders entered under [Article 26.05(g), Code of Criminal
Procedure] . . . constitute ‘criminal law matters’ for purposes of our mandamus
SMITH — 2
jurisdiction[.]” 1
FILED: SEPTEMBER 17, 2014
DO NOT PUBLISH
1
In re Daniel, 396 S.W.3d 545, 548 (Tex. Crim. App. 2013); see also TEX . CODE CRIM .
PROC. art. 26.05(g) (detailing the circumstances under which a defendant may be ordered to pay the
“cost of the legal services provided” to him by his appointed counsel).