East, Wayne Edward

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-15,420-08

IN RE WAYNE EDWARD EAST, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 7099-B IN THE 104TH DISTRICT COURT FROM TAYLOR 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. In it, he contends that the trial court is not ruling on a motion he says he filed to have his appellate counsel provide him with his case file. Applicant asks this Court to compel a ruling.

Consideration of a motion properly filed and before a trial court is ministerial. White v.

Reiter, 640 S.W.2d 586, 594 (Tex. Crim. App. 1982). Respondent, the Judge of the 104th District Court of Taylor County, shall file a response with this Court regarding Applicant’s claim that the trial court is not ruling on his motion. Respondent’s response shall be submitted within 30 days of

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the date of this order. This application for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted a response.

Filed: August 21, 2019 Do not publish