Texas Court of Appeals, 1st District (Houston) December 5, 2001, 01-01-00997-CV (In Re Duncan)

MURRY B. COHEN, Justice,

concurring.

Article 44.04(b) of the Texas Code of Criminal Procedure is unconstitutional for the reasons stated in In re Beck, 26 S.W.3d 553 (Tex.App.—Dallas 2000, orig. proceeding). The Court of Criminal Appeals held that mandamus was not the proper remedy in Beck, but it did not question the merits of the Dallas court’s conclusion that the statute was unconstitutional.