Perez, Joseph Jacob

• Court: Court of Criminal Appeals of Texas
• Decided: March 25, 2009
• Docket: WR-71,701-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,701-01

JOSEPH JACOB PEREZ, Relator

v.

SAN SABA COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 5322 IN THE 33RD JUDICIAL DISTRICT COURT

FROM SAN SABA 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 and an amended application for a writ of habeas corpus in the 33rd Judicial District Court of San Saba County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.

In these circumstances, additional facts are needed. The respondent, the District Clerk of San Saba County, is ordered to file a response, which may be made by: submitting the record on such habeas corpus applications; submitting a copy of a timely filed order that designates issues to be investigated, see McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); stating that the claims asserted in the applications filed by Relator are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed applications for a writ of habeas corpus in San Saba County. 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: March 25, 2009

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