Garcia, Jesse
This text of Garcia, Jesse (Garcia, Jesse) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-66,386-08
JESSE GARCIA, Relator
v.
FRIO COUNTY DISTRICT CLERK, Respondent
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 03-08-00096-CRF IN THE 218TH JUDICIAL DISTRICT COURT
FROM FRIO 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 218th Judicial District Court of Frio County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. The respondent, the District Clerk of Frio County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus application; submitting a copy of a timely filed order that designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the claims asserted in the application filed by Relator are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed an application for a writ of habeas corpus in Frio County. 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: September 15, 2010
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