Barron, Jacob ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,972-03
IN RE JACOB BARRON, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NOS. 06-06547-C & 06-06548-C
IN THE 106TH DISTRICT COURT
FROM DAWSON COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file an application for a writ of mandamus pursuant
to the original jurisdiction of this Court. In it, he contends that the Texas Department of
Criminal Justice is calculating his sentences based on void judgments in these cause numbers
entered while an Article 11.07 habeas corpus application was pending on remand to Dawson
County.
In a prior order from Relator’s habeas corpus proceedings, this Court noted that he had
been re-sentenced on December 21, 2011, and concluded that the trial court’s judgment was void
because there was no jurisdiction to vacate the original convictions and re-sentence Relator. Ex
2
parte Barron, No. WR-75,972-02 at *2 (Tex. Crim. App. Apr. 18, 2012) (not designated for
publication). This Court ordered the trial court to “vacate its judgment of December 21, 2011
purporting to re-sentence [Relator].” Id. Though the order only concerned one of Relator’s two
convictions, Cause 06-06548-C, any order purporting to vacate one of his 2007 convictions and
re-sentence Relator at that time would necessarily be void.
Respondent, the Judge of the 106th District Court of Dawson County, shall file a response
with this Court by affirming whether the 2011 “convictions” in this case have been vacated and,
if so, whether the Texas Department of Criminal Justice has been notified of this action.
Respondent’s answer 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 his
response.
Filed: September 17, 2014
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