Nelson, Marlin Enos ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-53,148-04
EX PARTE MARLIN ENOS NELSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 0483164-C IN THE 178TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant filed this application for a writ of habeas corpus in the county of conviction, and
the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Under Article
11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,
among other things, “the application, any answers filed, any motions filed, transcripts of all
depositions and hearings, any affidavits, and any other matters such as official records used by the
court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record
forwarded to this Court appears, however, to be incomplete. The last item in the record is a
withdrawal of the May 22, 2019, judgment. No other judgment is in the record.
The district clerk shall either forward to this Court the judgment that was entered following
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the withdrawal of the May 22, 2019, judgment, or certify in writing that this document is not part
of the record. The district clerk shall comply with this order within thirty days from the date of this
order.
Filed: August 10, 2021
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