Opinion
No. 05-15-00355-CR
03-19-2015
EX PARTE JEFFREY WAYNE FUJISAKA
On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-80264-2015
ORDER
Appellant has appealed the trial court's order denying him the relief sought by his pretrial application for writ of habeas corpus seeking to have section 43.25 of the Texas Penal Code declared unconstitutional. This is an accelerated appeal under Texas Rule of Appellate Procedure 31.
We ORDER the trial court to prepare a certification of appellant's right to appeal for inclusion in the clerk's record. See TEX. R. APP. P. 25.2(a), (d); Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013).
We ORDER the Collin County District Clerk to file the clerk's record containing the documents related to the case, including the trial court's order ruling on appellant's application for writ of habeas corpus, by APRIL 6, 2015.
We ORDER Susan Maienschein, official court reporter of the 416th Judicial District Court, to file, by APRIL 6, 2015, the complete reporter's record, including any exhibits, of all hearings conducted on the application for writ of habeas corpus.
We ORDER appellant to file his brief by MAY 1, 2015. We ORDER the State to file its brief by MAY 26, 2015. If any party does not file its brief by the date specified, the appeal will be submitted without that party's brief. See TEX. R. APP. P. 31.1.
Absent further order of the Court, the appeal will be submitted without argument on JULY 1, 2015 before a panel consisting of Justices Fillmore, Myers, and Evans. See TEX. R. APP. P. 31.1, 31.2.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Chris Oldner, presiding Judge, 416th Judicial District Court; Susan Maeinschein, official court reporter, 416th Judicial District Court; Andrea Stroh Thompson, Collin County District Clerk; and to counsel for all parties.
/s/ ADA BROWN
JUSTICE