Herrera, Andres

• Court: Court of Criminal Appeals of Texas
• Decided: March 28, 2012
• Docket: WR-74,603-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-74,603-03

ANDRES HERRERA, Relator

v.

DALLAS COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. F08-11091-R IN THE 265^th JUDICIAL DISTRICT COURT

FROM DALLAS 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 notice of appeal in the 265^th Judicial District Court of Dallas County from that court's order denying post-conviction DNA testing on July 16, 2011, but that the notice of appeal has not been forwarded to the court of appeals, and that the district court has not taken any action on the notice.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Dallas County, is ordered to file a response, stating whether Relator's notice of appeal from the order denying DNA testing was timely received and filed, and if so, why the appellate record has not been forwarded to the court of appeals as required by Rule 35.2(a) of the Texas Rules of Appellate Procedure. 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: March 28, 2012

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