Cannon, Vernon ( 2012 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NO. WR-72,576-04

---

VERNON CANNON, Relator

v.

CRIMINAL DISTRICT COURT NUMBER 2, Respondent

---

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. C-2-008815-096031-A FROM TARRANT COUNTY

---

   Per curiam.

O R D E R  

   Relator has filed a "petition for writ of habeas ad testificandum" complaining that the district court is not acting on his properly filed application for writ of habeas corpus. This Court will construe this filing as a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. Relator contends that he filed an application for a writ of habeas corpus in the Criminal District Court Number 2 of Tarrant County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Relator contends that the district court entered an order designating issues on July 10, 2009.

Respondent, the Judge of the Criminal District Court Number 2 Court of Tarrant County, shall file a response with this Court by having the District Clerk submit the record on such habeas corpus application. In the alternative, the trial court may resolve the issues set out in its order and then have the District Clerk submit the record on such habeas corpus application. In the alternative, the trial court may resolve the issues set out in its order and then have the District Clerk submit the record on such application. In either case, the trial court's response shall be submitted within 30 days of the date of this order. This application for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted its response.

Filed: March 7, 2012

Do not publish