Lopez, Daniel ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,120-02
IN RE DANIEL LOPEZ, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 15-CR-3266-H & 15-CR-3995-H IN THE 347TH DISTRICT COURT
FROM NUECES 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 347th District Court of Nueces 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 Nueces
County, is ordered to file a response, which may be made by submitting the record on such habeas
corpus applications, submitting copies of timely filed orders designating issues to be investigated
(see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has
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not filed applications for writs of habeas corpus in Nueces County. Should the response include
orders designating issues, proof of the date the district attorney’s office was served with the habeas
applications 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 22, 2019
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