Cavazos, Jose ( 2019 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-60,434-06
    IN RE JOSE CAVAZOS, Relator
    ON APPLICATION FOR A WRIT OF MANDAMUS
    CAUSE NOS. 4613-B & 4571-C IN THE 197TH DISTRICT COURT
    FROM WILLACY COUNTY
    Per curiam.
    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 applications for writs of habeas corpus in
    the 197th District Court of Willacy County, that more than 35 days have elapsed, and that the
    applications have not yet been forwarded to this Court.
    In these circumstances, additional facts are needed. Respondent, the District Clerk of
    Willacy County, is ordered to file a response, which may be made by submitting the record on such
    habeas corpus applications, 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 applications for writs of habeas corpus in Willacy County. Should the response
    include an order designating issues, proof of the date the district attorney’s office was served with
    the habeas application and that the 180-day time frame set out in TEX . R. APP . P. 73.4(b)(5) has not
    expired 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: May 15, 2019
    Do not publish
    

Document Info

Docket Number: WR-60,434-06

Filed Date: 5/15/2019

Precedential Status: Precedential

Modified Date: 5/16/2019