Smith, Brian Lynn

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-68,918-03

BRIAN LYNN SMITH, Relator

v.

THE HONORABLE JERRY D. RAY, JUDGE OF THE 29TH JUDICIAL DISTRICT COURT, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 9839 & 9840 IN THE 29TH JUDICIAL DISTRICT COURT

FROM PALO PINTO 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 on January 15, 2010, he filed a motion for DNA testing and the appointment of counsel under Chapter 64 of the Code of Criminal Procedure and that the Respondent has not ruled on his motion.

In these circumstances, additional facts are needed. The Respondent, Judge of the 29th Judicial District Court of Palo Pinto County, is ordered to file a response with this Court. In his response, the Respondent shall state whether Relator filed a proper motion under Chapter 64 and whether the Respondent ruled on his motion. If the Respondent has not ruled on his motion, he shall state the reasons for his failure to do so. This application for leave to file a writ of mandamus will 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 6, 2011

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