Cespedes, Abdonal Delgado ( 2017 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-86,292-01
    IN RE ABDONAL DELGADO CESPEDES, Relator
    ON APPLICATION FOR A WRIT OF MANDAMUS
    CAUSE NO. 1177834-A IN THE 179th DISTRICT COURT
    FROM HARRIS COUNTY
    Per curiam. Newell, J. not participating.
    ORDER
    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 he filed an application for a writ of habeas corpus
    in the 179th District Court of Harris County, that more than 35 days have elapsed, and that the
    application has not yet been forwarded to this Court.
    In these circumstances, additional facts are needed. Respondent, the District Clerk of Harris
    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
    , 579 (Tex. Crim. App. 1992)), or stating that
    2
    Relator has not filed an application for a writ of habeas corpus in Harris County. Should the
    response include an order designating issues, proof of the date the district attorney’s office was
    served with the habeas application shall also be submitted with the response. This application for
    leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the
    appropriate response. Such response shall be submitted within 30 days of the date of this order.
    Filed: February 1, 2017
    Do not publish
    

Document Info

Docket Number: WR-86,292-01

Filed Date: 2/1/2017

Precedential Status: Precedential

Modified Date: 2/2/2017