IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 800112 IN THE 179TH DISTRICT COURT
HARRIS COUNTY
O R D E R
In October 1999, a jury found applicant guilty of the offense of capital murder. The jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. On December 4, 2000, the State filed in this Court its brief on applicant's direct appeal. Pursuant to Article 11.071 §§ 4(a) and (b) (1), applicant's initial application for a writ of habeas corpus was due to be filed in the trial court on or before April 18, 2001, assuming a motion for extension was timely filed and granted. It has been more than eleven years since the application was due in the trial court. Accordingly, we order the trial court to resolve any remaining issues within 90 days from the date of this order. The clerk shall then transmit the complete writ record to this Court within 120 days from the date of this order. Any extensions of time shall be obtained from this Court.
Further, our records show that applicant attempted to file a subsequent application directly in this Court in June 2003. That application was returned to applicant to file in the trial court. A letter from applicant indicates that he filed his subsequent application in the trial court in July 2003. The trial court and the district clerk are instructed to review their files to determine whether this subsequent application was actually filed. If it was, the district clerk is instructed to forward the application to this Court immediately.
IT IS SO ORDERED THIS THE 1ST DAY OF AUGUST, 2012.
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1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.