January 16, 2015
Abel Acosta, Clerk RECEIVED IN
Court of Criminal Appeals COURT OF CRIMINAL APPEALS
Post Office Box 12308
Austin, T~xas 78711-2308 JAN 20 2015
Re: Writ No. Abel Acosta, Clerk
Trial No. 07-712-K368B
Dear Sir:
Enclosed for timely and proper filing is Movant's
Petition for Writ of Mandamus.
Thank you for presenting this to the Court.
Yours Sincerely,
South
Livingston, T~Kas 77351
cc: Lisa David, Clerk
Williamson County Courthouse
368th Judicial District Court
Post Office Box 24
Georqetown, Texas 78627
\
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
In re JOHNNY MORENO, § WRIT NO.
§
§
§
TRIAL NO. 07-712-K368B
MOVANT §
PETITION FOR WRIT OF MANDAMUS
COMES NOW, Johnny Moreno, the Movant herein, and pursuant
to Rule 52.1, of the Texas Rules of Appellate Procedure, properly
files this Petition for Writ of Mandamus praying. for relief. In
support thereof, .Movant would show:
I
On September 18, 2014, Mr. Moreno filed an application for
writ of habeas corpus in the 368th Judicial District Court of
Williamson Qounty, Texas. A filed-stamped copy of the cover
··page is appended hereto as. DEFENDANT'S EXH IBI'!:_~. On September
19, 2014, the State waived service by certified mail. A copy of
the State's Waiver is appended hereto as DEFENDANT'S EXHIBIT "B".
II
Since the September 18, 2014, filing, the State and the
trial court have totally failed to comply with provisions of
Article 11.07, §3(a), of the Texas Code of Criminal Procedure.
Specifically, the State has failed to comply with Article 11.07,
§ 2(b), which requires the State to provide an answer within 15
-1-
days. Consequently, the trial court has also failed to comply with
Artile 11.07, § 3(b), which requires the convicting court to dat-
ermine whether there are any controverted or unresolved issues
within 20 days concerning the legality of Mr. Moreno's confinement.
I '
III
On October 20, 2014, Mr. Moreno forwarded a letter of in-
quiry to the Court Clerk. The Clerk responded by forwarding Mr.
Moreno a copy of the filidq date and the State's waiver of service.
On November 10, 2014, Mr. Moreno forwarded a second letter
of inquiry but as of this filing M~. Moreno has received no response.
IV
Both the State and the trial court have a ministerial duty
to comply with provisions of 11.07 of the Texas Code of Criminal
Procedure. Mandamus will lie only to correct a clear abuse bf
discretion.
Such an abuse is clearly present in Mr. Mo~eno's case.Accord-
inqly, Movant Moreno now prays that this Honorable Court will GRANT
Mandamus relief and ORDER the State and the tri~l court to come
into compliance with the ~rovisions of Artilc~ 11.07.
Sout:h
Livingston, Texds 77351
Executed: . JL ;7~ dtJJ.)"'".
t::j J~Mo"Uh Ye'ar
-2-
CERTIFICATE OF SERVICE
<",
Service has been accomplished by forwarding a true and
correct copy of Petitioner's Petition for Writ of Mandamus,
prepaid, via u.s. Postal Service, on this /h day of
20 /s-, to:
Lisa David, District Clerk
Williamson County Courthouse
36~th Judicial District Court
Post Office Box 24
Georqetown, Texas 78627
Mov:ant
-3-
CaseNo._~(e@ZJ
(The Clerk of the convicting court will fill, this line in.)
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
APPLICATION FORA WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
ME Johnny Moreno
NA1 : ------~--------~------------------------------~-----
DATE OF BIRTH: ___s_e_p_t_e_m_b_e_r_l_9_,_1_9_6..,.S_ _ _---,.___,....,.....;·;_\- - - - - -
, PLACEOFCONFINEMENT: Polunsky Unit - TDCJ-CID
TDCJ-CIDNUMBER: 1485335 Sli> NUMBER: 011:.;3.:..:3"-l0~6~4~2-..t.7_ _ _ __
(1) This application concerns (check all that apply): DEFENDANT'S
~ a conviction 0 parole EXHIBIT
"A"
_&I a sentence 0 mandatory supervision
0 time credit 0 out•of-tinie ~ppeal or petition for
X DNA discretionary review
(2) What district'court entered the judgment of the_ conviction you want relief from?
(.Include the .court number and county,)
368th Judicial District Court - Williamson County, Texas
(3) What was the case lnlmber in the,trial court?
07-712-K368 •''l•id .. ,
(4) What was the name ofthe tria_l Judge?
Burt Carnes
SEP 1C2014
Effective: January 1. 2014
~W~l/11
District Clerk •
' amson c
Rev. 01/14/14 o., TX.
NO. 07-712-K368B
§ IN THE
§ 368TH JUDICIAL DISTRICT
THE STATE OF TEXAS VS. JOHNNY
§ COURTOF
MORENO
§ WILLIAMSON COUNTY, TEXAS
§
WAIVER OF SERVICE
NOW COMES JANA DUTY, District Attorney of Williamson County, Texas, and hereby
acknowledges that she has on the 18th day of September, 2014, received from the District Clerk's Office a
copy ofthe Application for Writ of Habeas Corpus filed on September 18,2014, in the above entitled and
numbered cause and she hereby waives delivery to her of said Application by certified mail.
, District Attorney
ounty, Texas
BY:
LISA DAVID, District Clerk
Williamson County, Texas
~~''~FILED~.
at~o'clock .. ·
SEP. 19 2014
~~
Wllllams~n ~
Dlatrlct Clerk,
~)
{jl ku..(}~ t/wf 1-ecudJ
'
IO(M/(1
. .
Moreno, Johnny Anthony
Combined Opinion