IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-48,304-04


IN RE FRANCISCO J. SOLIS, Relator






ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 90-CR-1023-C IN THE 197TH DISTRICT COURT

FROM CAMERON COUNTY


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 197th District Court of Cameron County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. According to the record, on August 13, 2013, the State sent the court coordinator of the trial court findings of fact and conclusions of law. If the trial court has made findings of fact and conclusions of law, the District Clerk has a ministerial duty to immediately forward an Article 11.07 application to this Court. Tex. Code Crim. Proc. art. 11.07, 3(d).

In these circumstances, additional facts are needed. Respondent, the District Clerk of Cameron County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application or submitting a copy of a timely filed order which designates issues to be investigated. McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992). Should the response include an order designating issues, proof of the date the district attorney's office was served with the 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: February 5, 2014

Do not publish