Gutierrez, Gilbert

• Court: Court of Criminal Appeals of Texas
• Decided: June 20, 2007
• Docket: WR-45,853-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-45,853-05 & -06

GILBERT GUTIERREZ, Relator

v.

JUDGE, 409^TH JUDICIAL DISTRICT COURT, Respondent

ON APPLICATIONS FOR A WRIT OF MANDAMUS

CAUSE NOS. 64749 & 64750 IN THE 409^TH JUDICIAL DISTRICT COURT

FROM EL PASO COUNTY

Per curiam.

O R D E R

Relator has filed motions for leave to file applications for a writ of mandamus pursuant to the original jurisdiction of this Court. In them, he contends that he filed two applications for a writ of habeas corpus in the 409^th Judicial District Court of El Paso County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court. Relator contends that the district court entered an order designating issues on December 9, 2003.

In these circumstances, additional facts are needed. The respondent, the judge of the 409^th District Court of El Paso County, is ordered to file a response with this Court by having the District Clerk submit the record on such habeas corpus applications or by setting out the reasons that no findings have been made since the order designating issues was entered. These applications for leave to file a writ of mandamus will 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: June 20, 2007

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