Ochoa, Alfred ( 2013 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-79,093-02

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IN RE ALFRED OCHOA, Relator

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 1145435 IN THE 232nd DISTRICT COURT

FROM HARRIS 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 the 232nd District Court of Harris County, and that he subsequently filed an amended application in the same court. Although this Court has received the first application from Harris County, the amended application, which was apparently intended to supercede the first application, has not been received by this Court. More than 35 days have elapsed since Relator allegedly filed the amended application in the district 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 amended 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 Relator has not filed an amended 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 amended 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: June 12, 2013

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