Vasquez, David

• Court: Court of Criminal Appeals of Texas
• Decided: February 8, 2023
• Docket: WR-94,106-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,106-02

EX PARTE DAVID VASQUEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 05-578-K277A IN THE 277TH DISTRICT COURT FROM WILLIAMSON COUNTY

Per curiam.

ORDER

Applicant filed this application for a writ of habeas corpus in the county of conviction, and

the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Under Article

11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,

among other things, “the application, any answers filed, any motions filed, transcripts of all

depositions and hearings, any affidavits, and any other matters such as official records used by the

court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record

forwarded to this Court appears, however, to be incomplete. The State in its answer refers to

transcripts of the sentencing proceedings in this case, but no such transcripts are included in the

habeas record. 2

The district clerk shall either forward to this Court the transcripts of the sentencing

proceedings referred to by the State in its response or certify in writing that these documents are not

part of the record. The district clerk shall comply with this order within thirty days from the date of

this order.

Filed: February 8, 2023 Do not publish