Gomez, Francisco ( 2015 )

WRIT OF MANDAMUS
r;
FRANCISCO GOMEZ,Applicant
. v. th
DENISE COLLINS,Judge,208 District
Court of Harris County,
Respondent
On the day of (September 28,2015) !·respectfully proceed to.file a Writ of
Mandamus for the following reasons.
My application for a Writ of Habeas Corpus Article i1.07 'Was· received by the
Court of Harris County and filed (February 13,2014) and styl~d. ,(CAUSE; No:
9424768-D)
The said Court failed to transmit my application for a writ of habeas corpus
11.07 to the Court· of Criminal Appeals of Texas after the 35 day time period.
The trial Court ·also failed to ensure compliance with statues deg~J~g with
actions to be taken on habeas petitions by not completing all wo:i&E::&.eft1!I~£E@ I~ th-
in spec~fied limits or by entering orders designating .unres6~(jlf:S~JlCf.~ll``[A;Pt:ALS
resolut~on. · ~
1.. Mandamus. key 16 ( 1)' SEP 3 0 2015
Application for original writ of mandamus compelli~g:district,'court judge to act
on petition for wTit of habeas corpus was rendered moot after ·judg~,COffiP.lied with
appellate court's order requiring reasons for delay in acting ott\fF>gtJtQ'Q~£~@(eyf\ter
application for writ of habeas corpus was received by appellate court. '
2. Habeas Corpus key 689
Trial courts must ensure compliance with.statues dealing with actions to be taken
on habeas petitions, either by completing all work required within 35-,day time
limit orby entering ·orders designating unresolved issues for resolution.
Vernon'sAnn.Texas C.C.P.· art. 11.07, §§1: et.seq.,2(b~d) • .
The Legislature provided a total of thirty.;..five days in Which the State may
respond to a petition and in which the trial court may determine whether facts
to be resolved, and, i f there are ·such issues, to enter . an order designating
those issues for resolution. Art.: 11.07',.§ ·2(b) and·{c). V.A.C.C.P.
There is no authority granting' the' trial courts to extend the limits with-
out the entery of such an order.·Ar·t. 11.07,··§ 2(q),V.A.C.C.P.
see: McCree v. Hampton 824.sw.2d 578 {Tex.Crim,.App 1992)
In the matter of '(CAUSE;No:9424768~D) application for writ of habeas corpus,
the following issues need resolution.
1. Whether applicant is. aG-tually 'innocent;
2. Whether applicant' was' denied.a fair. trial;
3. Whether applicant was.denied a ·effective·assistanceof counsel in trial;
4. Whether an illegal enhancement paragraph was used;and
5. Whether the trial court abused its discretion.
PRAYER
. .
I prg~ that the Cciurt of Criminal Appeals of Texas grant me leave
to file this Writ of Mandamus requesting the transmission of my said
application and reason for delay.
Sincerely, ..A ,/>r.-0
~ 0Jf}1ri.J(/J_ .
.:;;;;
Francisco Gomez #742398
·:<. ':i ;:,orne
Wynne Unit
810 fm 2821 .· ... ;.;r qualif:)f
Huntsville,Texas 77349 . .. , ' ,,i1aging.