Mendoza, Mike Jr. ( 2015 )

\
WRIT O:V HABEAS
' ·,·
CORPUS
CERTIFIED COPIES OF
POST CONVICTION
FROM: 262ND DISTRICT COURT
RECE\VED IN .
COURT OF CRIMINAL APPEALS
OF
MAY 18 2015
HARRIS COUNTY, TEXAS Abe\ Acosta, Clerk
MIKE MENDOZA, JR.
APPLICANT
VS.
THE STATE OF TEXAS
RESPONDENT
CAUSE #952290-B
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INDEX
PAGE
WRIT OF MANDAMUS ORDER FROM THE COURT OF CRIMINAL APPEALS 1
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 4
STATE'S PROPOSED ORDER DESIGNATING ISSUE AND FOR FILING 5
AFFIDAVIT
LETTER TO APPLICANT 9
CERTIFICATE OF THE CLERK 10
)
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FILE COPY
J'v
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SHARON KELLER ABEL ACOSTA
PRESIDING JUDGE COURT OF CRIMINAL APPEALS CLERK
(5I2)463-I55I
P.O. BOX 12308, CAPITOL STATION
LAWRENCE E. MEYERS
CHERYL JOHNSON AUSTIN, TEXAS 7871 I SIAN SCHILHAB
MIKE KEASLER GENERAL COUNSEL
BARBARA P. HERVEY (5 I 2) 463- I597
ELSA ALCALA
BERT RICHARDSON
KEVIN P. YEARY
DAVID NEWELL
JUDGES
April8, 2015
District Clerk Harris County FIL~D
Chris Oan~e\
Chris Daniel District Clerk
Post Conviction/Appeals Section
P.O. Box 4651 APR 0 9 7.0\5
Houston, TX 7721 0-4651
*DELIVERED VIA E-MAIL*
BY-----------no~ep~urttyy---------
Re: MENDOZA, MIKE JR.
CCA No. WR-74,642-03
Trial Court Case No. 952290-B
The Court has this day issued an order for the above referenced cause.
Abel Acosta, Clerk
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(.!)
-~
cc: Mike Mendoza Jr.
SUPREME COURT BUILDING, 201 WEST 14TH STREET, ROOM 106, AUSTIN, TEXAS 78701
WEBSITE WII'W.TXCOURTS.GOV/CCA.ASPX
. .
FILED
~hris Daniel
Drstrict Clerk
APR 0 9 2015
Time:_
-~-
1-i a rrriiC;;-;-;;lin;;:ty;-:Tr::-:---
By_________``~·-e_x_as----
Deputy
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-74,642-03
IN RE MIKE MENDOZA JR., Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 952290 IN THE 262ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
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 262nd District Court of Harris County, that more than 35 days have elapsed, and that the
application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk ofHarris
County; is ordered to file a response, which may be made by submitting the record on such 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
-2-
Relator has not filed an application for a writ ofhabeas 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 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 ofthe date of this order.
Filed: April 8, 2015
Do not publish
PATRICIA.R. LYKOS
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
December 29, 2010
Loren Jackson, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte MIKE MENDOZA JR.
No. 952290-B in the 262N°
District Court ofHarris County, Texas
Filing date: 12/27/2010
Date copy of writ delivered to District Attorney's Basket: Dft 2 9 2at0
By: Daisy Molina
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application foli
writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
Sincerely, • • .,... '!''''
............:''c,~:··•.:, .. , ,., .. , ... t-•,·:~-· ,~.-
_'!'!-·
Date Received Assistant DistrictAttorney ·'" '~-" "·' ·· ··
Harris County, Texas
1201 Franklin Street, Suite 600; Houston, Texas 77002-1923
MIKE MENDOZA, JR., § HARRIS COUNTY, TEXAS
Applicant
STATE'S PROPOSED ORDER DESIGNATING ISSUE
AND FOR FILING AFFIDAVIT
Having considered the application for writ of habeas corpus in the above-captioned cause
and the State's original answer, the Court finds that the issue of whether Applicant was denied the
effective assistance of counsel needs to be resolved in the present case.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issue
and then enter findings of fact.
To assist the Court in resolving these factual issues, MICHAEL GILLMAN is ORDERED
to file an affidavit summarizing the actions taken to represent the applicant in cause number
952290 and responding to the allegations contained in the instant application for writ of habeas
corpus, specifically responding to the following:
1. State whether counsel believes it was necessary or beneficial to investigate whether
Applicant's confession was coerced in the instant case; if counsel does so believe, state
the extent of counsel's investigation, if counsel does not so believe, state why not.
2. State whether counsel believes it was necessary or beneficial to raise an issue regarding
Applicant's right to counsel of choice or any alleged conflict of interest Applicant might
have had with prior counsel; if counsel does so believe, state the extent of counsel's
investigation, if counsel does not so believe, state why not.
3. State whether counsel believes it was necessary or beneficial to seek a continuance in
.. the instant case; ifcollnsel did so believe, state whether counsel attempted to. do so, if ..
. counsel did not so believe, state why not.
MICHAEL GILLMAN is ORDERED to file said affidavit with the Appellate Division of
the District Clerk's Office, 1201 Franklin, Third Floor, Houston, Texas 77002, within THIRTY
,
DAYS of the signing of this order. '
RECORDER'S MEMORANDUM
This ``~trument is o.~ p``f..~u~tbi~
w the time of 1magl!'lw - - ~
...
•
The Clerk of the Court is ORDERED to send a copy of this order to Applicant, a copy of
this order to the State, and to serve copies of this order and the application to:
MICHAEL GILLMAN, Texas Bar No. 07950225
Attorney at Law
3027 Marina Bay Dr., Suite 207
League City, TX 77573
When the affidavit of MICHAEL GILLMAN is received, the Clerk is ORDERED to send
a copy of said affidavit to Applicant and a copy to counsel for the State, JOSHUA HILL, 1201
Franklin, Suite 600, Houston, TX 77002.
Upon the expiration of time to file the proposed findings of fact, the Clerk shall submit all
the documents material to this cause to this Court.
The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the
above-styled case to the Court of Criminal Appeals until further ordered by this Court.
By the following signature, the Court adopts the State's Proposed Order Designating Issue
and for Filing Affidavit.
Signed this ~ d:ay~•7 , 2011.
2
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
January 21, 2011
PATRICIA R. L YKOS
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
To Whom It May Concem:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below conceming the Post Conviction Writ filed in
cause number 952290-B in the 262nd District Court.
D State's Original Answer Filed
D Affidavit
D Court Order Dated
[8J Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
D Respondent's Proposed Findings of Fact and Order
D Other
lag
Enclosure(s)- STATE'S PROPOSED ORDER DESIGNATING ISSUE AND FOR
FILING AFFIDAVIT
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
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-~.. .... ...
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
January 21,2011
MICHAEL GILLMAN
ATTORNEY AT LAW
3027 MARINA BAY DR., SUITE 207
LEAGUE CITY, TEXAS 77573
RE: MIKE MENDOZA, JR.
CAUSE #952290-B
262N° DISTRICT COURT
Dear Sir:
Enclosed herewith please find a copy of the Com1's Order wherein the court orders that
MICHAEL GILLMAN, Attorney at Law, file an affidavit in response to allegations made
in the petition for post conviction writ of habeas corpus in the above numbered and styled
cause.
Leslie Gar ·a, Deputy
Criminal P t Trial
Harris Cou t District Clerk's Office
Enclosure: Respondent's Proposed Order Designating Issues and Order for Filing
Affidavit, Respondent's Original Answer, Application for Writ of Habeas Corpus
CC: Kelly Reyes
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
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-' CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
January 21, 2011
MIKE MENDOZA, JR.
#1223739 FERGUSON UNIT
12120 SAVAGE DR.
MIDWAY, TEXAS 75852
To Whom It May Concem:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below conceming the Post Conviction Writ filed in
cause number 952290-B in the 262nd District Court.
D State's Original Answer Filed ;
D Affidavit
D Court Order Dated
~ Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
D Respondent's Proposed Findings of Fact and Order
D Other
Leslie Garc , Deputy
s Trial
lag
Enclosure(s)- STATE'S PROPOSED ORDER DESIGNATING ISSUE AND FOR
FILING AFFIDAVII
J
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
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CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 262nd DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the
foregoing { 0 pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 952290-B including certified
copies as requested from Court Order (entered on the 8TH day of APRIL, A.D., 2015)
and each document, the inclusion of which was thereby ordered.
I further certify the Applicant MIKE MENDOZA, JR. is in the custody of the Texas
Department of Criminal Justice Institutional Division.
Witness my hand and seal of said Court at Houston, Texas, on this the 7TH day of
MAY, 2015.
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