Misner, Elbert

• Court: Court of Criminal Appeals of Texas
• Decided: September 13, 2006
• Docket: WR-13,118-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-13,118-03 ELBERT MISNER, Relator

v.

JUDGE, 399^TH DISTRICT COURT, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 2002CR5726A-W1 IN THE 399^TH DISTRICT COURT

FROM BEXAR COUNTY

Per curiam.

O R D E R

This is an original application for a writ of mandamus. Relator contends that in April 2005, he filed an application for a writ of habeas corpus in cause number 2002CR5726A-W1 in the 399^th District Court of Bexar County. He further contends that on June 14, 2005, the trial court entered an order designating issues, but that the trial court has not entered findings of fact and has not forwarded the application to the Court of Criminal of Appeals.

It is this Court's opinion that additional information is required before a decision can be reached on the motion for leave to file the instant action. The respondent, Judge of the 399th District Court of Bexar County, is ordered to file with this Court within thirty days a response by having the district clerk submit the record on such habeas corpus application or by setting out the reasons that findings have not been made in the period since the order designating issues was entered. This application for writ of mandamus is held in abeyance pending compliance with this order.

IT IS SO ORDERED this the 13thday of September, 2006.

DO NOT PUBLISH