MENDOZA, RIGOVERTO AKA Mendoza, Luther Rico

• Court: Court of Criminal Appeals of Texas
• Decided: June 30, 2010
• Docket: WR-74,143-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-74,143-01

LUTHER RICO MENDOZA, Relator

v.

ANDERSON COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 23846

IN THE 3^RD JUDICIAL DISTRICT COURT FROM ANDERSON 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 an application for a writ of habeas corpus in the 3^rd Judicial District Court of Anderson County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Anderson County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus application; submitting a copy of a timely filed order which designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); by stating that the nature of the claims asserted in the application filed by Relator is such that the claims are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed an application for habeas corpus in Anderson County. If the District Clerk submits a copy of an order designating issues, the Clerk shall also inform this Court the date that the State was served with the 11.07 writ application.

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: June 30, 2010

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