Gutierrez, Rogelio










IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-76,513-03





IN RE ROGELIO GUTIERREZ, Relator





ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 1175222-B & 1175223-B IN THE 178TH DISTRICT COURT

FROM HARRIS COUNTY





            Per curiam.


O R D E R


            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 he filed applications for writs of habeas corpus in the 178th District Court of Harris County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court. Relator contends that the district court entered an order designating issues on December 28, 2011.

            Respondent, the Judge of the 178th District Court of Harris County, shall file a response with this Court by having the District Clerk submit the records on such habeas corpus applications. In the alternative, Respondent may resolve the issues set out in the order designating issues and then have the District Clerk submit the records on such application. In either case, 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: October 9, 2013

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