Norman, Lejames ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-74,743-01

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EX PARTE LE JAMES NORMAN

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ON NOTICE OF UNTIMELY APPLICATION FOR WRIT OF HABEAS CORPUS FILED IN CAUSE NO. 06-1-7346 IN THE 24^TH JUDICIAL DISTRICT COURT JACKSON COUNTY

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Per Curiam.



O R D E R

This case is before us because it appears that no application for writ of habeas corpus has been properly filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071. ⁽¹⁾  

The trial court appointed Terry McDonald to represent applicant in a post-conviction writ of habeas corpus under Article 11.071. On May 7, 2010, the State filed in this Court its brief on applicant's direct appeal. Pursuant to Article 11.071, § 4(a), counsel should have filed applicant's writ application in the convicting court no later than June 21, 2010. However, the trial court granted counsel's timely motion requesting a 90-day extension for filing applicant's writ application, making the application due no later than Monday, September 20, 2010. ⁽²⁾ Art. 11.071, § 4(b). It appears that applicant's writ application was sent to the district clerk in Victoria County, but it is unclear exactly when and how this occurred. Furthermore, it is unclear why counsel filed the writ application in Victoria County when it should have been filed in Jackson County.

Therefore, we order Terry McDonald to file an affidavit with this Court stating (1) the date upon which he filed applicant's writ application, (2) the county where he filed the application, (3) the specific method he used to file the application, and (4) any other information that he believes is relevant to our determination of good cause under Article 11.071, § 4A. Counsel's affidavit shall be filed in this Court within fifteen (15) days of the date of this order.

IT IS SO ORDERED THIS THE 3^RD DAY OF NOVEMBER, 2010.

Do Not Publish

1.

Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.

2.

The evidence indicates that the trial court granted applicant's request for an extension on June 18, 2002, and that the order granting the extension was delivered to the district clerk on June 21, 2010. This made applicant's writ application due on September 19, 2010. However, because this date fell on a Sunday, the application would have been timely filed by Monday, September 20, 2010.