Lopez, Arnoldo David ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-78,516-02
IN RE ARNOLDO DAVID LOPEZ, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 08-07-09930-CR IN THE DISTRICT COURT
FROM BROOKS 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 District Court of Brooks 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 of Brooks
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 of habeas corpus in Brooks County. Should the
response include an order designating issues, proof of the date the district attorney’s office was
served with the habeas application and that the 180-day time frame set out in TEX . R. APP . P.
73.4(b)(5) has not expired 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: November 15, 2017
Do not publish