Opinion
WR-94,569-02
04-19-2023
IN RE GEORGE EDWARD VILLARREAL, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. A-19-0585-SA-W-1 IN THE 391ST DISTRICT COURT FROM TOM GREEN COUNTY
ORDER
PER CURIAM
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He contends that he filed an amended application for a writ of habeas corpus in Tom Green County and his amended application has not been properly forwarded to this Court. Relator also contends that he has not received from the District Clerk any copies of the documents that were filed in the case-including trial counsel's affidavit, the State's answer, and the trial court's findings of facts and conclusions of law. Under Rule 73.4 of the Texas Rules of Appellate Procedure (TRAP), "When any pleadings, objections, motions, affidavits, exhibits, proposed or entered findings of fact and conclusions of law, or other orders are filed or made a part of the record, the district clerk shall immediately send a copy to all parties in the case."
Respondent, the District Clerk of Tom Green County, shall forward Relator's amended habeas application to this Court, respond that Relator has not filed an amended habeas application in Tom Green County, or forward a copy of an order designating issues together with correspondence documenting the date the State received Relator's amended habeas application. See TEX. CODE CRIM. PROC. art. 11.07, § 3(c) and (d); TEX. R. APP. P. 73.4(b)(5). If the district clerk has not already sent copies of the documents in question to Applicant, the district clerk shall immediately send copies to Applicant. The district clerk shall notify this Court of the date(s) upon which the documents were sent to Applicant. This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.