Mesen, Carlos M.

• Court: Court of Criminal Appeals of Texas
• Decided: April 14, 2010
• Docket: WR-73,696-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,696-01

CARLOS M. MESEN, Relator

v.

BEXAR DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 1987-CR-0476 & 1987-CR-0477

IN THE 226th JUDICIAL DISTRICT COURT

FROM BEXAR 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 applications for writs of habeas corpus in the 226th Judicial District Court of Bexar County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.

This Court has received copies of Orders Designating Issues along with courtesy copies of two applications for writs of habeas corpus. The writ applications were filed on January 7, 2010 and the orders were signed on March 16, 2010. In these circumstances, additional facts are needed to determine whether the orders designating issues were timely signed. The respondent, the District Clerk of Bexar County, is ordered to file a response, which may be made by submitting the record on such habeas corpus applications or by submitting proof of the date the writ applications were served on the Bexar County District Attorney's Office. Tex. Code Crim. Proc. art. 11.07 § 3. This motion 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: April 14, 2010

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