in Re Honorable John Yeager, Relator ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,018-02
IN RE JOHN YEAGER, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. C-1-CR-17-100063 IN THE COUNTY COURT AT LAW NO. TWO
FROM TRAVIS COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file an application for a writ of mandamus pursuant
to the original jurisdiction of this Court. Relator asks this Court to issue a writ of mandamus
directing Respondent, Judge of the County Court at Law No. 2 of Travis County to set aside an
opinion conditionally granting mandamus relief and ordering Relator to refrain from assessing
punishment in a misdemeanor case tried to a jury. In re The State of Texas, No. C-1-CR-17-100063
(Travis County Court at Law No. 2, Tex. June 12, 2018). Relator sought mandamus relief in the
Third District Court of Appeals, which denied relief. In re Yeager, No. 03-18-00718-CV(Tex. App.
— Austin, June 20, 2019) (not designated for publication).
Relator argues that he has no other adequate remedy at law because a new mandamus is the
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only remedy to seek relief from a writ of mandamus issued by a higher court. Citing Ater v. Eighth
Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991).
The real party in interest entered a plea of “not guilty” to a Class C misdemeanor charge and
elected a jury trial for guilt/innocence. Before the jury was empaneled, Relator asked the real party
in interest if he were found guilty, whether he wanted punishment to be assessed by the jury or by
the judge. The real party in interest indicated that he wanted the judge to assess punishment if he
were found guilty by the jury. In response to the real party in interest’s election, the State halted its
case and filed a mandamus application in Travis County Court at Law No. 2 , seeking to prevent
Relator from assessing punishment in any jury trial wherein a jury has returned a guilty verdict.
Respondent, Judge Eric M. Shepperd of the County Court at Law No. 2 of Travis County,
issued an opinion conditionally granting mandamus and ordering Relator (and other municipal court
judges) to follow the holding of an unpublished opinion from Travis County Court at Law No. 1,
precluding a judge from assessing punishment after a jury returns a guilty verdict. See Stevenson v.
State, Nos. C-1-CR-12-100083, C-1-CR-12-100084, C-1-CR-12-100085 (Travis County Court at
Law No. 1, Tex. May 16, 2013).
We order that this application be filed and set for submission to determine whether the Travis
County Court at Law No.2 has mandamus jurisdiction over the municipal court judge in this
situation; whether Article 37.07 of the Texas Code of Criminal Procedure requires juries to assess
punishment in misdemeanor cases on pleas of "not guilty,"a and whether the Respondent has
authority to bind Relator or other municipal court judges to refrain from assessing punishment under
these circumstances in cases other than the one at issue.
We order the parties, Relator and Respondent or his representative, to brief the issues raised
in Relator’s Petition. We also invite the real party in interest to brief the issues. All briefs shall be
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filed with this Court within 45 days of the date of this order.
Filed: September 11, 2019
Do not publish