Jenkins, Willie Roy ( 2021 )


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  •                          IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-86,569-01
    EX PARTE WILLIE ROY JENKINS, Applicant
    ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
    IN CAUSE NO. CR-10-1063 IN THE 274 TH JUDICIAL DISTRICT COURT
    HAYS COUNTY
    Per curiam.
    ORDER
    In June 2013, a jury found Applicant guilty of the offense of capital murder. See
    T EX. P ENAL C ODE § 19.03(a). Based on the jury’s answers to the statutory punishment
    questions set out in Texas Code of Criminal Procedure Article 37.071, the trial court
    sentenced Applicant to death.1 On February 24, 2015, the State filed in this Court its brief
    on Applicant’s direct appeal. Pursuant to Article 11.071 §§ 4(a) and (b), Applicant’s
    1
    Unless otherwise indicated, all references in this order to Articles refer to the Texas
    Code of Criminal Procedure.
    Jenkins - 2
    initial application for a writ of habeas corpus was due to be filed in the trial court on or
    before July 9, 2015, assuming a motion for extension was timely filed and granted. See
    Art. 11.071 §§ 4(a) and (b).
    On March 29, 2017, because it had been more than a year and a half since the
    application was due to be filed in the trial court, we ordered the trial court to resolve any
    remaining issues in the case within 180 days of the date of the order. See Ex parte
    Jenkins, No. WR-86,569-01 (Tex. Crim. App. Mar. 29, 2017) (not designated for
    publication). In the same order, we ordered the clerk to immediately thereafter transmit
    the complete record in the case to this Court. Id. Over three years later, no record in this
    case has been transmitted to this Court.
    Accordingly, we order the trial court to resolve any remaining issues in the case
    within 60 days from the date of this order. The clerk shall then immediately transmit the
    complete writ record to this Court. Any extensions of time shall be requested by the trial
    judge, or on his or her behalf, and obtained from this Court.
    IT IS SO ORDERED THIS THE 13TH DAY OF JANUARY, 2021.
    Do Not Publish
    

Document Info

Docket Number: WR-86,569-01

Filed Date: 1/13/2021

Precedential Status: Precedential

Modified Date: 1/20/2021