Martinez, Petronilo Alcala

• Court: Court of Appeals of Texas
• Decided: July 13, 2015
• Docket: WR-83,440-02
• Status: Published

Opinion

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COURT OFCRH\MNAI APPEALS JUL. 13 Z§?§

IN THE TEXAS COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS

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IN RE: Martinez. Petronilo,RELATOR

ORIGINAL APPLICATION FOR WRIT OF MANDAMUS

TO THE HONORABLE JUDGES OF TEXAS QQURT OF CRIMINAL APPEALS:

\CGMES§N@WL¢Martinez.-Eetronilol§RELATO , In the instant»cause_and“praysc

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that the court will grant his_original_application for writ on Mandamus`and '

would show the following:

I. On December 31, 2014, pursuant to Tex. Crimal Proc. Code. article lll07/

, Relator filed.his post-conviction habeas corpus application challenging his convictions in The State of Texas‘v;Whrtinez,:PetronilO/i CauSe numbér’e?:r IE§§¥EBSER in the 242nd District Court of Hale County.

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BZ%M*!O‘Z ' _ H_ ~ - ~ On December 3lst, 2014 same pursuant to art. ll~07 filed by relator on the above date mentioned to have been filed to the 242nd District Court to having only received a response from HALE;CQQNTY~§LERK allowing relator to acknowledge

the court received The Writ of Habeas Corpus, art, ll.07.

III. In the pursuant to Writ of Habeas Corpus. art\ll.07. concerning The States failure to respond to Relator Writ in Designation Issues seeked by filing

of the above mentioning of Writ of Habeas Corpus. article ll.07.

IV} To my knowledge there was never any Order Issued.directing Trial Counsel

to file an Affidavit within 30 days of December 3lst, 2014.

As of this date, no affidavit by-counsgl has been filed to my knowledge and the habeas corpus application are classified as inactive by the HALE COUNTY CLERK. The HALE COUNTY DISTRICT CLERK: District attorney and Judge, has each failed to the Writ of Habeas Corpus entitlement to receive a response as neither has responded and the Issues Submitted in Petition of the relator

remain previously unresolved;

Matinez complains that Respondent, the Honorable.presiding Judge of`the 242nd District Court has violated two ministerial duties."First contrary to art§ ll.07 more than 35 days have elapsed and the application have yet

to be forwarded to this Court.

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WRIT NO.'U?=TE=EH£EF¥E%

IN THE TExAs coURT oF cRIMINAL APPEALS A'.r AUSTIN, TEXA'S `

IN RE Martinez, Petronilo

mI'IoN _FOR LEAVE tro FILE , oRIGINIAL APPLICATION * FOR ‘wRIT 'oF MANDAMUS

'IO THE HONORABLE'JUDGES ‘OF 'I‘EXAS COURT QL" CRIMINAL

APPEALS

`OOMES NOW, Martinez, Petronilo,`RELATOR, In the instant cause and prays the court will grant his Motion for Leave to file the attached original

application for Writ of`Mandamus.

.., Respectfully Submitted,

Martinez. Petronilo, elator McConnell»Unit

3`0`0'1l s`. 'Emily"nr.

.Beeville, Texas 78102 T.D.C.J.# 1787690