Marin, Ex Parte Dianna

• Court: Court of Criminal Appeals of Texas
• Decided: June 27, 2007
• Docket: AP-75,719
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,719 EX PARTE DIANNA MARIN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1999CR4598-W2 IN THE 144TH DISTRICT COURT

FROM BEXAR COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of conspiracy to commit murder and sentenced to twelve (12) years' imprisonment.

Applicant contends that the jury should not have been instructed on the offense of conspiracy to commit murder when the indictment charged her with murder as a principal and the conspiracy charge was not added until after the parties had rested at the guilt phase. We order that this application be filed and set for submission to determine whether this claim is cognizable in an application for habeas corpus review. The parties shall brief this matter.

It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before September 12, 2007.

Filed: June 27, 2007

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