Michael Joseph Bitgood Easton v. Honorable Brian Rains

In a 1990 jury trial before respondent, relator Michael Joseph Bitgood Easton was convicted of theft, and respondent assessed his punishment at 10 years in prison, probated. The Eastland Court of Appeals remanded the case for a new punishment hearing. Easton v. State, No. 11-90-00062-CR (Tex. App.--Eastland, November 27, 1991, pet. refd) (unpublished). On April 27, 1993, respondent again assessed relators punishment at 10 years, probated, and relator gave written notice of appeal. Respondent then ordered that relator, inter alia, pay certain accumulated court costs and begin reporting to the probation department, paying a supervisory fee, and performing community service, without waiting upon the final disposition of the new appeal. Relator seeks mandamus relief from that order. We find relator is entitled to partial relief, and we conditionally grant the writ.