Alfaro, Agustin Antonio

• Court: Court of Criminal Appeals of Texas
• Decided: May 20, 2009
• Docket: WR-72,008-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,008-01

AGUSTIN ANTONIO ALFARO, Relator

v.

HARRIS DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 936473-A IN THE 263rd JUDICIAL DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed an application for a writ of habeas corpus in the 263rd Judicial District Court of Harris County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Our records indicate that an order designating issues was filed by the trial court on January 11, 2008. However, our records do not indicate whether this order was filed in a timely manner.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Harris County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application or by explaining why the order designating issues was entered in a timely manner. Gibson v. Dallas County District Clerk, 275 S.W.3d 491 (Tex. Crim. App. 2009). This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: May 20, 2009

Do not publish