Opinion
No. 05-17-00957-CR
08-18-2017
EX PARTE LOWELL RHODES
On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. WX17-90033
ORDER
The Court is in receipt of appellant's notice of appeal from the trial court's order denying relief sought by his application for writ of habeas corpus challenging his extradition to the State of Arizona. This is an accelerated appeal governed by Texas Rule of Appellate Procedure 31.
We ORDER the trial court to prepare a certification of appellant's right to appeal and to file it with 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 Dallas County District Clerk to file the clerk's record by September 5, 2017. We ORDER that the clerk's record contain copies of the extradition documents, the documents related to the application for writ of habeas corpus, the application for writ of habeas corpus, any response to the application, the trial court's order denying relief on the writ application, and the trial court's certification of appellant's right to appeal.
We ORDER the court reporter to file, by September 5, 2017, either the reporter's record or written verification that no hearing was conducted.
We ORDER appellant to file his brief by September 26, 2017. We ORDER the State to file its brief by October 17, 2017. After the record and briefs have been filed, the Court will notify the parties of the submission date and panel.
We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; Peri Wood, official court reporter, 292nd Judicial District Court; Felicia Pitre, Dallas County District Clerk; and counsel for all parties.
/s/ LANA MYERS
JUSTICE