Gomez, Francisco

• Court: Texas Supreme Court
• Decided: September 30, 2015
• Docket: WR-48,540-04
• Status: Published

Opinion

WRIT OF MANDAMUS r; FRANCISCO GOMEZ,Applicant . v. th DENISE COLLINS,Judge,208 District Court of Harris County, Respondent On the day of (September 28,2015) !·respectfully proceed to.file a Writ of Mandamus for the following reasons. My application for a Writ of Habeas Corpus Article i1.07 'Was· received by the Court of Harris County and filed (February 13,2014) and styl~d. ,(CAUSE; No: 9424768-D) The said Court failed to transmit my application for a writ of habeas corpus 11.07 to the Court· of Criminal Appeals of Texas after the 35 day time period. The trial Court ·also failed to ensure compliance with statues deg~J~g with actions to be taken on habeas petitions by not completing all wo:i&E::&.eft1!I~£E@ I~ th- in spec~fied limits or by entering orders designating .unres6~(jlf:S~JlCf.~ll~~[A;Pt:ALS resolut~on. · ~ 1.. Mandamus. key 16 ( 1)' SEP 3 0 2015 Application for original writ of mandamus compelli~g:district,'court judge to act on petition for wTit of habeas corpus was rendered moot after ·judg~,COffiP.lied with appellate court's order requiring reasons for delay in acting ott\fF>gtJtQ'Q~£~@(eyf\ter application for writ of habeas corpus was received by appellate court. ' 2. Habeas Corpus key 689 Trial courts must ensure compliance with.statues dealing with actions to be taken on habeas petitions, either by completing all work required within 35-,day time limit orby entering ·orders designating unresolved issues for resolution. Vernon'sAnn.Texas C.C.P.· art. 11.07, §§1: et.seq.,2(b~d) • . The Legislature provided a total of thirty.;..five days in Which the State may respond to a petition and in which the trial court may determine whether facts to be resolved, and, i f there are ·such issues, to enter . an order designating those issues for resolution. Art.: 11.07',.§ ·2(b) and·{c). V.A.C.C.P. There is no authority granting' the' trial courts to extend the limits with- out the entery of such an order.·Ar·t. 11.07,··§ 2(q),V.A.C.C.P. see: McCree v. Hampton 824.sw.2d 578 {Tex.Crim,.App 1992) In the matter of '(CAUSE;No:9424768~D) application for writ of habeas corpus, the following issues need resolution. 1. Whether applicant is. aG-tually 'innocent; 2. Whether applicant' was' denied.a fair. trial; 3. Whether applicant was.denied a ·effective·assistanceof counsel in trial; 4. Whether an illegal enhancement paragraph was used;and 5. Whether the trial court abused its discretion. PRAYER . . I prg~ that the Cciurt of Criminal Appeals of Texas grant me leave to file this Writ of Mandamus requesting the transmission of my said application and reason for delay. Sincerely, ..A ,/>r.-0 ~ 0Jf}1ri.J(/J_ . .:;;;; Francisco Gomez #742398 ·:<. ':i ;:,orne Wynne Unit 810 fm 2821 .· ... ;.;r qualif:)f Huntsville,Texas 77349 . .. , ' ,,i1aging.