Valero, Frizo v. Hon. Elia Corfnejo-Lopez

• Court: Court of Criminal Appeals of Texas
• Decided: September 16, 2009
• Docket: WR-72,054-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-72,054-02

EX PARTE FRIZO VALERO, Applicant

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 01-CR-585-G IN THE 404^TH DISTRICT COURT

FROM CAMERON 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. The petition alleges that the trial court did not have the power to grant a motion to reconsider after that court had granted a motion to modify the length of his deferred adjudication supervision and had dismissed the charges against him.

The respondent, the Judge of the 404^th District Court of Cameron County, is ordered to file a response with this Court. The State is also ordered to file a response with this Court. The motion for leave to file a petition for a writ of mandamus will be held in abeyance until the respondent and the State have submitted the appropriate responses. Such responses shall be submitted within 30 days of the date of this order.

IT IS SO ORDERED THIS THE 16^TH DAY OF SEPTEMBER, 2009.

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