Perez, Mario ( 2015 )

,.,
Mr. Mario Perez . RECEIVED n'd
TDCJ-CID #1534249 ···c 1iPT OF CRIIIIIINALA~
Connally Unit
899 FM 632 F:~:; 2 5 2015 f9J
Kenedy, Texas 78119
-~o.t Aoolta, Cterk
February 22, 2015
RECEIVED 11\1
Texas Court of Criminal Appeals COURT OF CRIMINAL APPEALS
Court Clerk
P.O. Box 12308 MAR 1 0 2m5
Capitol Station
Austin, Texas 78711 Abel Acosta, Clerk
Re: Ex parte Mario Perez, Trial Court Nos. 2006-CR-5055B-Wl, 2006-CR-5056B-Wl,
2006-CR-5057B-Wl (399th District Court Bexar County, Texas)
Dear· Court Clerk:---
Unfortunately, I must notify you that neither the 399th District Court of
Bexar County, Texas, nor the Bexar County District Clerk is complying with the
provisions of Texas Rule of Appellate Procedure 73 in the above Article 11.07
cause numbers.· Please contact the Bexar County District Clerk and direct her
to forward my three Applications for Writ of Habeas Corpus, the supporting
documents and related records to your office so you can present them to the
Court. Thank you for your assistance~ Details are below.
On March 13, 2014, I filed three Applications for Writ of Habeas Corpus--one
for each of the above cause numbers. In April 2014, ·the Trial Court entered an
order designating issues to be resolved directing my trial attorney Michael
Macryado to file a wr1tten affidavit in response to my allegations of ineffec-
tive assistance of counsel •... ; The Trial Court's deadline for Mr. Machado to file
a response was May 30, 2014. .I
\'
;
Mr. Machado did not file aresponse, and thP. Trial Court has not held a hearing
or entered any other orders. Neither the State nor the Trial Court has
received an extension of time from the Court of. Criminal Appeals. On February
6, 2015, I maileo.a letter to the Bexar County District Clerk asking her to
forward my Applications,_. the supporting documents and related records to the
-· Court ·of Criminal Appeal's. I received no response.
Under the new provisions of Texas Rule of Appellate Procedure 73, the Trial
Court no longer has jurisdiction to conduct any further proceedings in the
above cause numbers and must forward the Applications and supporting documents
and related records to your office so you can present them to the Court of
Criminal Appeals. See Tex.R.App.P. 73.5 (requiring the convicting court to
resolve designated issues or request an extension of time within 180 days from
date State receives application); Tex.R.App.P. 73.4(b) (5) ·(requiring district
clerk to forward habeas applications to Court of Criminal Appeals on the 18lst
day from date of receipt of application unless district court received an
extension of time from Court of Criminal Appeals); see also Martin v. Hamlin,
25 S.W.3d 718, 719 (Tex.Crim.App.2000) (explaining that district clerk has no
authority to continue to hold habeas application after deadline and is under
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Clerk, Court of Criminal Appeals
February 22, 2015
Page Two
ministerial duty to immediately forward application and related records to Court
of Criminal Appeals).
For these reasons, I respectfully ask you to direct the Bexar County District
Clerk to forward my three Applications for Writ of Habeas Corpus, the supporting
documents and related records to your office immediately for presentment to
Court of Criminal Appeals.
Thahk you very much for your time and assistance.
Respectfully submitted,
'``
CC: File.
RECElVED IN
COURT OF CRIMI I\!~.!.. APPEALS
FEB 2520'S
Abet Acost!\, Clerk
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