Alejandro, Jesus

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,747-01
EX PARTE JESUS ALEJANDRO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2019CR2683W-W1 IN THE 399TH DISTRICT COURT
FROM BEXAR 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 to be incomplete.
The trial court’s findings state, “On July 30, 2020, trial counsel Eduardo Garcia submitted
an affidavit to the court in response to Applicant’s allegations of ineffective assistance of counsel
2
(Attachment 1).” See Habeas Record at 56-57, 60. The referenced affidavit, however, is not included
in the habeas record forwarded to this Court.
The district clerk shall either forward to this Court trial counsel’s affidavit dated July 30,
2020, or certify in writing that this affidavit is not part of the record. The district clerk shall comply
with this order within thirty days from the date of this order.
Filed: September 16, 2020
Do not publish