Carabajal, Fernando ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-74,264-02
IN RE FERNANDO CARABAJAL, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NOS. 07-8-4372-CR & 07-8-4371-CR IN THE 24th DISTRICT COURT
FROM GOLIAD 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 two applications for writs of habeas corpus
in the 24th District Court of Goliad County, that more than 35 days have elapsed, and that the
applications have not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Goliad
County, is ordered to file a response, which may be made by submitting the records on such habeas
corpus applications, submitting copies of timely filed orders 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 applications for writs of habeas corpus in Goliad County since the last
application this Court ruled on in January of 2011. Should the response include an order designating
issues, proof of the date the district attorney’s office was served with the habeas applications 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: December 17, 2014
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