Saldivar, Yolanda

• Court: Court of Criminal Appeals of Texas
• Decided: April 22, 2009
• Docket: WR-69,661-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,661-02

YOLANDA SALDIVAR, Relator

v.

NUECES COUNTY DISTRICT CLERK, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 95-CR-1787-F IN THE 214^TH JUDICIAL DISTRICT COURT

FROM NUECES 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, she contends that she filed an application for a writ of habeas corpus in the 214^th Judicial District Court of Nueces County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. This case was tried in the 228^th Judicial District Court of Harris County under Harris County cause number 704424, but Harris County states that control of the case was always with Nueces County and that Nueces County was the county of conviction for the purposes of 11.07 jurisdiction.

In these circumstances, additional facts are needed. The respondent, the District Clerk of Nueces 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 McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992); by stating that the nature of the claims asserted in the application filed by Relator is such that the claims are not cognizable under Tex. Code Crim. Proc. art. 11.07, § 3; or stating that Relator has not filed an application for habeas corpus in Nueces 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: April 22, 2009

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