Reyes, Jose Julian

• Court: Court of Appeals of Texas
• Decided: February 26, 2015
• Docket: WR-82,978-01
• Status: Published

Opinion

8'·L_. .I Cf1()CJ -()I

23 February 2015 Jose J. Reyes TDC No. 821821 McConnell Unit 3001 s. Emily Dr. Beeville, Texas 78102

Mr.' Abel Acosta, Clerk Court of Criminal Appeals RECEIVED IN P. o. Box 12308, ~apitol St. Austin, T~x~s 78711 COURT OF CRIMINAL APPEALS

FEB 26 2015 Re: Cause Bo.• 7S2079'.:.A (Count 2) BxParte Reyes Deay Wr1t etter Dear Mr. Acosta, Appeal ~~erk:

On January 5, 2015, the State'•s Proposed Findings of fact, conclusions of law and order was filed with the court. In that same Motion, the State claimed the motion was sent to the Court of Criminal Appeal;

Here it is February 23, 2015, and I haven'•t received a "White Card" from the Court of Criminal Appeal informing me th~t the writ was now pending in that court.

I understand.to gain ~ome time the court entered order extending the statuto~y time limits a practice condemned in .McCree v. Hampton, 824 s. w. 2d. 578 (Tex. Cr; App. 1992). However, that case sat out a method whereby the trial court can either on motion of the State or its own initiative, gain more ~ime to investigate the allegations raised within a writ application.

If the trial court selects this option but fails to notify the Court of Crimin~l Appeals ~nd enquiry is made to the Court without mention of the previously entered order designating issue a "delayed writ letter" may well be sent to the trial court with copies to the District clerk and district attorney enquiring into the alleged delay.

I hereby request that you conduct a investigation into these matters and order the files to those findings ~nd transmit them along with the writ transcript to the Clerk of the Court of Criminal Appeals as required,by law.

-1- McConnell Unit 3001 s. Emily Dr. Beeville, Texas 78102

files

cc.: Mr.· Chris Daniel District Clerk Harris County District Clerk 1201 Franklin P. o. Box 4651 Houston, Texas 77210-4651

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