Ex Parte: Gerardo Avella Yanez ( 2015 )

Order entered December 1, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01452-CR
EX PARTE GERARDO AVELLA YANEZ
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. WX15-90005-S
ORDER
The Court has received appellant’s notice of appeal from the trial court’s order denying
him the relief sought by his article 11.072 application for writ of habeas corpus. This is an
accelerated criminal appeal. See TEX. R. APP. P. 31.
We ORDER the trial court to prepare and file, within TEN DAYS of the date of this
order, a certification of appellant’s right to appeal. See TEX. R. APP. P. 25.2(a), (d); Cortez v.
State, 420 S.W.3d 803 (Tex. Crim. App. 2013).
We ORDER the Dallas County District Clerk to file, by DECEMBER 16, 2015, a
clerk’s record containing all of the documents related to the article 11.072 habeas corpus
proceeding, including the trial court’s written order ruling on the application. No extensions will
be granted.
We ORDER Patricia Holt, official court reporter of the 282nd Judicial District Court to
file, by DECEMBER 16, 2015, either (1) the reporter’s record of the hearing on appellant’s
application for writ of habeas corpus, including all exhibits admitted during the hearing, or (2)
written verification that no hearing was recorded. No extensions will be granted.
We ORDER appellant to file his brief by JANUARY 4, 2016. We ORDER the State to
file its brief by JANUARY 22, 2016. If any party does not file its brief, the appeal will be
submitted without that party’s brief. See TEX. R. APP. P. 31.1.
After the record and all briefs have been filed, or the time for filing the briefs has passed,
the Court will notify the parties of the date the appeal will be submitted without oral argument.
/s/ LANA MYERS
JUSTICE