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Ibarra, Francisco

CourtCourt of Criminal Appeals of Texas
DecidedFebruary 11, 2009
DocketWR-71,442-01
StatusPublished

This text of Ibarra, Francisco (Ibarra, Francisco) 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.

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Ibarra, Francisco, (Tex. 2009).

Opinion



IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. WR-71,442-01
EX PARTE FRANCISCO IBARRA, Applicant


ON APPLICATION FOR A WRIT OF PROHIBITION

IN CAUSE NO. CR-08-287 FROM THE 428TH JUDICIAL DISTRICT COURT

HAYS COUNTY

Cochran, J., filed a concurring statement.

The Texas Rules of Appellate Procedure governing extraordinary matters filed in this Court state that "a motion for leave to file must accompany an original petition for writ of habeas corpus, mandamus, procedendo, prohibition . . ." Tex. R. App. P. 72.1. Relator has filed no such motion with his application. Rule 72.1 is mandatory. For that reason, as well as our decision in Padilla v. McDaniel, 122 S.W.3d 805 (Tex. Crim. App. 2003), we cannot stay these proceedings to request a more complete record and response from the State and trial court.

Filed: February 11, 2009

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Related

Padilla v. McDaniel
122 S.W.3d 805 (Court of Criminal Appeals of Texas, 2003)

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