Dean, Roger Dale

Roger Dale Dean . •' · · TDCJ· No. 1068114J ·Mark v. · Hiehael Unit· ~664 FM 2QS4, T~nnessee Colony, ., Teaas 7$886 -~\. .... '" ,,, ' .. ·• •;·•t.~~-1•"' ·::-..• "' '/'":;.~···' J • ' : March 30, 2015 · ...:J · )''' Court of Criminal Appeals of Texas Post Office Box 12308 Austin, Texas 78711~2308 ,. ·: RE:. Roger Dale Dean v •. Yolanda Vasequez, Judge, ·183rd District Court ~~ Dear Hon. Cierk: ' Enclosed for filing with the Court of Criminal Appeals of Texas is an Application for a Writ of Mandamus. Please filessaid application and bring it to the attention of the Court • . Thank you for.your assistance in this matter. ; ,, '. ; \' ~::.· 1/ ~; ',• I Cc: File Hon. Yolanda Vasequez Atllsl Acosta, Cle~k 183rd Judicial District Court 1201 Franklin Houston, Texas 77002 NO.------ TRIAL COURT NO. 0852518-A IN THE COUB.T OF CRIMINAL APPEALS OF TEXAS ROGER DALE DEAN, Relator, v. HON. YOLANDA VALESQUEZ, JUDGE, 183RD JUDICIAL DISTRICT COURT, Respondent. APPLICATION FOR A WRIT OF MANDAMUS . FROM HAUlS COUNTY TO THE HONORABLE COURT OF CRIMINAL APPEALS: , COMES NOW, Roger Dale Dean, Relator, in the above styled and numbered cause of action and files this Application for a Writ of Mandamus, pursuant to the original jurisdiction of this Court. In support of this application Relator submits the following: RELATOR ·Relator has exhausted his remedies and bas no other adequate remedy at law. The acttsought to be compelled is ministerial and not discre• tionary in nature. Texas Code of Criminal Procedure Article 11.07 § 3(d) requires Respondent to decide whether there are controverted, previously unresolved facts which are material to .the legality of Relator's confinement and designate the ·issues of fact to be re- solved within 20 daps of the expiration of the time the State has -1- to file ~n answer. Respondent adopted the State's Motion Request- ing Designation of Issues on April 15, 2014. However, in the State's motion, there was no means indicated ln whieh.to· r~solve the con- troverted, previ~~sly.unresolved facts. A~ of this dat~, there has be~n no is~ue~ r~solved. It has been over 180. days since the 'St~te .... •' . rec.ei\red; the appiicti'tion and . the cle~lcha~ not fonrard~d .th~ r~eo~d, i . .· as. 'requ"!red by i~w'. .· ' ~-· ' ... ; . , Ref~tor, fil~d .his ap,licattdn, for' wri't ·~f ~ttnd~~h:r/with> the .· ... : . ' ,' ·-.:: '·;. ·,' ~~~. 183rd··--Judieial District Court of Harrris County.· on J~~~~ry:.'.19';: .2o1s_,'·, . '; '· ... · . ·· req~e~·ting' the trial court judge .~rder Chris· :Danlel ,· Harris· 'Co~nty 0' ''•r District Cler~ forWiihllt the record as required by Rule 73.3of the Texas Rules of Appellate. P~ocedure. See· Exhibit A. Respondent has failed to order the clerk to forward the.reeord. RESPONDENT Respondent, Honorable Yolanda Valesquez, inher official ca- pacity as ·Presiding Judge of the 183rd Judic-ial District Court of Harris County has a duty to order the clerk to transmit the rec- ord on such application ,for a· vn:i t of habeas corpus to this Court '. after 180 days have lapsed since the State received the appli~ation, if the' trial court designates . . issues . to be resolved. In contrast to Relator's efforts, Respondent has wholly failed to order the Harris Cour:ity District Clerk to comply with Rule 7.3.3 of the Texas Rules of Appellate Procedure, is acting in bad faith, and has failed to afford Relato_r the p1:ofessionat and common court• esy of any response to his request~ PlAYER WHEREFORE, PREMISES CONSIDERED, Relator. Roger Dale Dean; -2· .' '·. prays~ ·tha.t .the· Court will enter a finding .that. Rea·pondent:·bas. ·failed to .order .the· Har.ris County. District.~ Clerk: to fon1ard. the habeas::.·.··· t.. record, as :required .and that:. Relator. brought·. this litigation ·.in;, . good faith and·~s substantially prevailed •. Relator··further.·:pray.s .. .· .... for an ·order directing Respondent to transmit ,the ·habeas record: t.o . . the Court. of Criminal appeals after having resolved~ . any . eontro- .. verted facts.· Dated:· March 30, 2015. ROGER DALE DEAN RELATOR TDCJ No. 1068114 Mark w. Michael Unit .. 2664 FM 2054 Tennessee Colony, Texas 75886 . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the fore- going application has been sewved by placing sama in the United . .' States Mail,- postage prepaid, on the 30th day ofMarch, 2015, addressed to: Hon. Yolanda Valesquez 183rd Judicial District Court 1201 Franklin Houston, Texas 77002 -3- EXHIBIT A CAUSE NO. 0852518-A ROGER DALE DEAN, § IN THE 183RD JUDICIAL Rela.tor, § § v. § DISTRICT COURT OF § CHRIS DANIEL, Ha~~is Cqunty § District Clerk, In His Official § Capacity, . . . .. . § Respondent. § HARRIS COUNTY; TEXAS APPLICANT'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Roger Dale Dean, Relator in the above-styled and numbered cause of.action and files this original application for of ·mandamus pursuant to Rule· 73·.3 of the Texas ~ules of Appellate Procedure, and would show.the Court the following: RELATOR Roger Dale Dean, TDCJ No. 1068114, is an.offender incarcerated in the Texas Department of ·Criminal Justice and is appearing pro se, who can be located at Mark W. Michael Unit, 266'• FM 2054, Tennessee Colony, Texas 75886. Relator has exhausted his remedies and has no other adequate remedy at law. Th~ act sought to be compelled is ministerial, not discretion- ary in nature. Texas Rules of Appellate Procedure, Rule 73.3 re..; quires Respondent to transmit to the Court of Criminal Appeals a copy of the application for writ of habea~ corpus, any answers filed, and a certificate reciting the date upon which that finding was made, if the Court has designated issues to be resolved and 180 days has past since the State received the application. No 1 such records have been f~rwarded to·the C~tirt of Criminal Appeals. Had such documents been transmitted by Respondent as required. ' by ' ' statute, Relator would have received notice from the Court of Crimina~lAppeals. ,"RES]i»ONDENT . ··: Respondent, Chris Daniel, in his capacity as Distric~ Clerk of Harris County, Tex~s, has a ministerial~du~y to receive and file all pap'ers in' a criminal 'proceedlng·, 'and perform all other duties imposed under Texas Rules of Appellate Procedure, Rule 73.3, pur- suant to Texas Code of Criminal. Procedure article 2~21, to immed- iately transfer to the Court of Criminal Appeal~ on the !80th day from the date the State receives the application, a copy of the application, any answers filed and all other papers filed. Chris Daniel, Harris County District Clerk may be served at. his place of business 1~01 Franklin, Houston, Texas 77002. VIOLATION OF ~.R.A.P. RULE 73.3 The Respondent violated Rule 73.3 T.R.A.P. by failing to for- ward the habeas· record on the 180th day from the date the State received the application. The State filed a Motion Requesting D.es~ ignation of Issues on April 11, 2014. The Sta.te received the appli- cation prior to that date. Over. 180 days have lapsed since the . ' . ' State received the application and the record has not been trans- mit ted. POYER WHEREFORE, PREMISES CONSIDERED, Relat9r, Roger Dale Dean, respectfully requests a finding that the Respondent did transmit documents to the Court.of Criminal Appeals as ·required by statute 2 and that Relator brought this litigati~n in good faith and has substantially prevailed. Relator prays for an Order directing Respondent to transmit the habeas record to the Court of Criminal Appeals a's directed by Rule 73.3 of the Texas Rules of Appellate Procedure. Dated: January 19, 2015 R spectu~y submit ted, ROG DALE DEAN RELATOR TDCJ No. 1068114 Mark w. Michael Unit 2664 FM 2054 .Tennessee Colony, Texas 75886 ~ERTIFICATE OF SERVI~ I hereby certify that a true and correct copy o.f the fore- going application hQs been served by placing same in the United · States Mail, postage prepaid, on the 19th day of January, 2015, addressed to: Chris Daniel Harris County District Clerk 1201 Franklin Houston, Texas 77002 3