•'
WRIT OF HABEAS CORPUS
CERTIFIED COPIES OF
POST CONVICTION
FROM: 182N° DISTRICT COURT
OF
HARRIS COUNTY, TEXAS
RECE~VED~N COURT OF CRtMINAl APPEAlS OSCAR ORLANDO ORTIZ MAR 18 2015
APPLICANT Ab&J Acosta, Cf®rk
VS.
THE STATE OF TEXAS
RESPONDENT
CAUSE #1150848-A PAGE I OF I REV. 01-02-04 INDEX PAGE
LETTER FROM THE COURT OF CRIMINAL APPEALS TO RESPOND IN 10 DAYS TO PREVIOUS MANDAMUS ORDER
WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS 2
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 4
STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR ~ILING 5 AFFIDAVIT
LETTER TO APPLICANT 10
CERTIFICATE OF THE CLERK 11
PAGE I OF I REV: 01-02-04 l'lLC vVI' 1
SHARON KELLER ABEL ACOSTA PRESIDING JUDGE COURT OF CRIMINAL APPEALS CLERK (512) 463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS CHERYL JOHNSON AUSTIN, TEXAS 78711 SIAN SCHILHAB MIKE KEASLER GENERAL COUNSEL BARBARA P. HERVEY (512)463-1597 ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES
March 12, 2015
District Clerk Harris County Chris Daniel Post Conviction/Appeals Section P.O. Box 4651 FIL~D Chris oanle\ Houston, TX 77210-4651 District Clerk * DELIVERED VIA E-MAIL * MAR 13 20l5 Re: Ortiz, Oscar Orlando CCA No. WR-81,487-01 Trial Court Case No. 1150848-A
Dear Clerk:
On July 9, 2014 this Court entered an order requiring you to respond within 30 days by either presenting an Order Designating Issues, submitting the application for Writ of Habeas Corpus to this Court, or by certifying that no application was filed. A copy of said order is available on our website under the above referenced writ number. To date no response to this order has been received.
Please take action within the next ten days to explain why you have not complied with the order of July 9, 2014.
cc: Oscar Orlando Ortiz SUPREME COURT BUILDING, 20 I WEST 14TH STREET, ROOM I 06, AUSTIN, TEXAS 78701 WEBSITE WWW.TXCOURTS.GOV/CCA.ASPX
.~.di"'!!II.~.J'I"!lll...olr
,~!l£J!;!.l!~::!L IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,487-01
1N RE OSCAR ORLANDO ORTIZ, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 1150848-A IN THE 182ND DISTRICT COURT FROM HARRIS COUNTY
Per curiam.
ORDER
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 182nd District Court of Harris 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. Respondent, the District Clerk of Harris
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 McCreev. Hampton, 824 S.W.2d 578,579 (Tex. Crim. App. 1992)), or stating that -2-
Relator has not filed an application for a writ of habeas corpus in Harris County. Should the response
include an order designating issues, proof of the date the district attorney's office was served with
the habeas application shall also be submitted with the response. This application for leave to file
a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate
response. Such response shall be submitted within 30 days of the date of this order.
Filed: July 9, 2014 Do not publish Belinda Hill Criminal Justice Center Interim First Assistant 1201 Franklin, Suite 600 Houston, Texas 77002-1901
HARRIS COUNTY DISTRICT ATTORNEY MIKE ANDERSON
July 8, 2013
Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 Re: Ex parte OSCAR ORLANDO ORTIZ No. 1150848-A in the 182nd District Court of Harris County, Texas Filing date: 07-05-13
Date copy of writ delivered to District Attorney's Basket: JUL 0 8 2013 By: Leslie Hernandez
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure .. Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
~:~~ ( . .e. kfo~ ·: Date Received ' . ·.
Harris County, Texas I "'AsSiStantDf~tri~t Att~~ey__ ...... ./"
'.. ' . FILED Chris Daniel District Clerk Cause No. 1150848-A JUL 1 2 2013 EX PARTE §
§
OSCAR ORLANDO ORTIZ, § HARRIS COUNTY, TEXAS Applicant
STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING AFFIDAVIT
Having considered the application for writ of habeas corpus in the above-
captioned cause and the State's original answer, the Court finds that the issue of
whether the applicant was denied effective assistance of counsel and whether the
applicant's plea was voluntary still needs to be resolved in the present case.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited
issue and then enter findings of fact.
To assist the Court in resolving these factual issues, counsel Alvin Nunnery is
ORDERED to file an affidavit summarizing his actions as counsel for the applican~ in the
primary case, cause number 1150848-A, and specifically responding to the following:
1. Did Nunnery ever represent to the applicant that, upon his plea of guilty to the State charges, the applicant would be returned to Federal custody?
2. Did Nunnery ever represent to the applicant that, upon his plea of guilty to the State charges, the applicant's State and Federal sentences would run concurrently?
3. What advice did Nunnery give to the applicant regarding entering his plea and whether the State and Federal sentences would run concurrently?
4. What precipitated the notation on the judgment that the State and Federal sentences were to run concurrently? (Specifically, did Nunnery ask the judge to make that notation? At what point during the plea process did Nunnery ask for the notation? Had Nunnery advised the applicant before the plea that the court would definitely make such a notation? Had Nunnery advised the applicant that ->s: G') if the court made the notation, it would be binding?) m c 1 5. Did the court ever represent to the applicant that she had the power to order that the applicant's State and Federal sentences run concurrently?
6. Does Nunnery believe that the applicant agreed to plead guilty due to a false impression and/or promise that the sentences would run concurrently? If so, who gave the applicant the false impression or made the false promise?
2 ' . ORDER
Alvin Nunnery is ORDERED to file said affidavit with the Post-Conviction Writs
Division of the District Clerk's Office, 1201 Franklin, Third Floor, Houston, Texas 77002,
within THIRTY DAYS of the signing of this Order.
The Clerk of the Court is ORDERED to send a copy of this Order to the applicant
and to the State, and to serve copies of this Order, the State's Answer, and the Original
application:
Mr. Alvin Nunnery 909 Texas Street, Ste. 205 Houston, Texas 77002-3149
When the affidavit of Alvin Nunnery is received, the Clerk is ORDERED to send a
copy of said affidavit to the applicant, Oscar Orlando Ortiz, #1525993 - Lynaugh Unit,
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•'
WRIT OF HABEAS CORPUS
CERTIFIED COPIES OF
POST CONVICTION
FROM: 182N° DISTRICT COURT
OF
HARRIS COUNTY, TEXAS
RECE~VED~N COURT OF CRtMINAl APPEAlS OSCAR ORLANDO ORTIZ MAR 18 2015
APPLICANT Ab&J Acosta, Cf®rk
VS.
THE STATE OF TEXAS
RESPONDENT
CAUSE #1150848-A PAGE I OF I REV. 01-02-04 INDEX PAGE
LETTER FROM THE COURT OF CRIMINAL APPEALS TO RESPOND IN 10 DAYS TO PREVIOUS MANDAMUS ORDER
WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS 2
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 4
STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR ~ILING 5 AFFIDAVIT
LETTER TO APPLICANT 10
CERTIFICATE OF THE CLERK 11
PAGE I OF I REV: 01-02-04 l'lLC vVI' 1
SHARON KELLER ABEL ACOSTA PRESIDING JUDGE COURT OF CRIMINAL APPEALS CLERK (512) 463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS CHERYL JOHNSON AUSTIN, TEXAS 78711 SIAN SCHILHAB MIKE KEASLER GENERAL COUNSEL BARBARA P. HERVEY (512)463-1597 ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES
March 12, 2015
District Clerk Harris County Chris Daniel Post Conviction/Appeals Section P.O. Box 4651 FIL~D Chris oanle\ Houston, TX 77210-4651 District Clerk * DELIVERED VIA E-MAIL * MAR 13 20l5 Re: Ortiz, Oscar Orlando CCA No. WR-81,487-01 Trial Court Case No. 1150848-A
Dear Clerk:
On July 9, 2014 this Court entered an order requiring you to respond within 30 days by either presenting an Order Designating Issues, submitting the application for Writ of Habeas Corpus to this Court, or by certifying that no application was filed. A copy of said order is available on our website under the above referenced writ number. To date no response to this order has been received.
Please take action within the next ten days to explain why you have not complied with the order of July 9, 2014.
cc: Oscar Orlando Ortiz SUPREME COURT BUILDING, 20 I WEST 14TH STREET, ROOM I 06, AUSTIN, TEXAS 78701 WEBSITE WWW.TXCOURTS.GOV/CCA.ASPX
.~.di"'!!II.~.J'I"!lll...olr
,~!l£J!;!.l!~::!L IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,487-01
1N RE OSCAR ORLANDO ORTIZ, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 1150848-A IN THE 182ND DISTRICT COURT FROM HARRIS COUNTY
Per curiam.
ORDER
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 182nd District Court of Harris 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. Respondent, the District Clerk of Harris
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 McCreev. Hampton, 824 S.W.2d 578,579 (Tex. Crim. App. 1992)), or stating that -2-
Relator has not filed an application for a writ of habeas corpus in Harris County. Should the response
include an order designating issues, proof of the date the district attorney's office was served with
the habeas application shall also be submitted with the response. This application for leave to file
a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate
response. Such response shall be submitted within 30 days of the date of this order.
Filed: July 9, 2014 Do not publish Belinda Hill Criminal Justice Center Interim First Assistant 1201 Franklin, Suite 600 Houston, Texas 77002-1901
HARRIS COUNTY DISTRICT ATTORNEY MIKE ANDERSON
July 8, 2013
Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 Re: Ex parte OSCAR ORLANDO ORTIZ No. 1150848-A in the 182nd District Court of Harris County, Texas Filing date: 07-05-13
Date copy of writ delivered to District Attorney's Basket: JUL 0 8 2013 By: Leslie Hernandez
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure .. Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
~:~~ ( . .e. kfo~ ·: Date Received ' . ·.
Harris County, Texas I "'AsSiStantDf~tri~t Att~~ey__ ...... ./"
'.. ' . FILED Chris Daniel District Clerk Cause No. 1150848-A JUL 1 2 2013 EX PARTE §
§
OSCAR ORLANDO ORTIZ, § HARRIS COUNTY, TEXAS Applicant
STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING AFFIDAVIT
Having considered the application for writ of habeas corpus in the above-
captioned cause and the State's original answer, the Court finds that the issue of
whether the applicant was denied effective assistance of counsel and whether the
applicant's plea was voluntary still needs to be resolved in the present case.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited
issue and then enter findings of fact.
To assist the Court in resolving these factual issues, counsel Alvin Nunnery is
ORDERED to file an affidavit summarizing his actions as counsel for the applican~ in the
primary case, cause number 1150848-A, and specifically responding to the following:
1. Did Nunnery ever represent to the applicant that, upon his plea of guilty to the State charges, the applicant would be returned to Federal custody?
2. Did Nunnery ever represent to the applicant that, upon his plea of guilty to the State charges, the applicant's State and Federal sentences would run concurrently?
3. What advice did Nunnery give to the applicant regarding entering his plea and whether the State and Federal sentences would run concurrently?
4. What precipitated the notation on the judgment that the State and Federal sentences were to run concurrently? (Specifically, did Nunnery ask the judge to make that notation? At what point during the plea process did Nunnery ask for the notation? Had Nunnery advised the applicant before the plea that the court would definitely make such a notation? Had Nunnery advised the applicant that ->s: G') if the court made the notation, it would be binding?) m c 1 5. Did the court ever represent to the applicant that she had the power to order that the applicant's State and Federal sentences run concurrently?
6. Does Nunnery believe that the applicant agreed to plead guilty due to a false impression and/or promise that the sentences would run concurrently? If so, who gave the applicant the false impression or made the false promise?
2 ' . ORDER
Alvin Nunnery is ORDERED to file said affidavit with the Post-Conviction Writs
Division of the District Clerk's Office, 1201 Franklin, Third Floor, Houston, Texas 77002,
within THIRTY DAYS of the signing of this Order.
The Clerk of the Court is ORDERED to send a copy of this Order to the applicant
and to the State, and to serve copies of this Order, the State's Answer, and the Original
application:
Mr. Alvin Nunnery 909 Texas Street, Ste. 205 Houston, Texas 77002-3149
When the affidavit of Alvin Nunnery is received, the Clerk is ORDERED to send a
copy of said affidavit to the applicant, Oscar Orlando Ortiz, #1525993 - Lynaugh Unit,
1098 South Highway 2037, Fort Stockton, Texas 79735; and a copy to Counsel for the
State, Assistant District Attorney Eva Flores, 1201 Franklin, Suite 600; Houston, Texas
77002.
The Clerk of the Court is ORDERED NOT to transmit at this time any documents
in the above-styled case to the Court of Criminal Appeals until further ordered by this
Court.
By the following signature, the Court adopts the State's Proposed Order Designating Issues and for Filing Affidavit in Cause Number 1150848-A. CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK
July 17, 2013
MIKE ANDERSON DISTRICT ATTORNEY HARRIS COUNTY, TEXAS
To Whom It May Concern:
Pursuant to Article 11.07 ofthe Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writ filed in cause number 1150848-A in the 182nd District Court.
D State's Original Answer Filed
D Affidavit
D Court Order Dated
~ Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
D Respondent's Proposed Findings of Fact and Order
D Other
Enclosure(s)- STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING AFFIDAVIT
120 I FRANKLIN • P.O. BOX 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
. PAGE I OF I REV: 01-02-04 CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK
July 17,2013
ALVIN NUNNERY ATTORNEY AT LAW 909 TEXAS STREET, STE. 205 HOUSTON, TEXAS 77002-3149
RE: OSCAR ORLANDO ORTIZ CAUSE #1150848-A 182N° DISTRICT COURT
Enclosed herewith please find a copy of the Court's Order wherein the court orders that ALVIN NUNNERY, Attorney at Law, file an affidavit in response to allegations made in the petition for post conviction writ of habeas corpus in the above numbered and styled cause.
Leslie Hernandez, Depu Criminal Post Trial Harris County District Cl
Enclosure: Respondent's Proposed Order Designating Issues and Order for Filing Affidavit, Respondent's Original Answer, Application for Writ of Habeas Corpus
CC: Kelly Reyes
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
PAGE I OF I REV. 01-02-04 ' . CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK
OSCAR ORLANDO ORTIZ #1525993 L YNAUGH UNIT -1098 SOUTH HIGHWAY 2037 FORT STOCKTON, TEXAS 79735
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writ filed in cause number 1150848-A in the 182nd District Court.
0 State's Original Answer Filed
0 Court Order Dated
~ Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
0 Respondent's Proposed Findings of Fact and Order
0 Other
Leslie Hernandez, Criminal Post Trial
lah
Enclosure(s)- STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING AFFIDAVIT
120 I FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
PAGEl OFI REV: 01-02-04 CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 182nd DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the
foregoing Il pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 1150848-A including certified
copies as requested from Court Order (entered on the 9TH day of JULY, A.D., 2014)
and each document, the inclusion of which was thereby ordered.
I further certify the Applicant OSCAR ORLANDO ORTIZ is in the custody of the Texas
Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 16TH day of
MARCH, 2015.
PAGElOFl REV. 01-02-04