Settlemire, Edgar L. ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-65,665-01

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EDGAR L. SETTLEMIRE, Relator

v.

JUDICIAL DISTRICT COURT

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ON APPLICATION FOR A WRIT OF MANDAMUS FROM BRAZORIA COUNTY

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   Per curiam.

O R D E R  

   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 Brazoria County concerning cause number 32,230-A, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator does not identify the trial court that entered the judgment of conviction, but public records from Brazoria County indicate that the cause was in the 23rd Judicial District Court.

In these circumstances, additional facts are needed. The respondent, the judge of the 23rd District Court of Brazoria County, is ordered to file a response with this Court by having the District Clerk of Brazoria County submit the record on such habeas corpus application, by submitting a copy of a timely filed order designating issues to be investigated, McCree v. Hampton, 824 S.W.2d 578 (Tex. Crim. App. 1992), by submitting a statement indicating the nature of any application filed by Relator that was not filed pursuant to Article 11.07, Section 3 of the Texas Code of Criminal Procedure, or by submitting a statement that no application by Relator has been filed. Such response shall be submitted within 30 days of the date of this order. This application for a writ of mandamus is held in abeyance pending compliance with this order.

Filed: September 27, 2006

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