Moreno, Oscar

• Court: Court of Criminal Appeals of Texas
• Decided: August 24, 2011
• Docket: WR-76,098-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-76,098-02

OSCAR MORENO, Relator

v.

STUART JENKINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, PAROLE DIVISION, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 05-98-K277A

IN THE 277^TH JUDICIAL DISTRICT COURT

FROM WILLIAMSON 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 has not been given a timely preliminary revocation hearing.

In these circumstances, additional facts are needed. The Respondent is ordered to file a response stating whether Relator is being detained on a pre-revocation warrant and, if so, whether Relator has been given a preliminary revocation hearing. If Relator has not been given a hearing, the Respondent shall state why no hearing has been held. 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: August 24, 2011

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