Opinion
NO. WR-71,570-03
11-27-2013
IN RE VICTOR ALEXANDER ICENOGLE, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 2004-CR-5796 IN THE 290 DISTRICT COURT
FROM BEXAR COUNTY
Per curiam .
ORDER
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed an application for a writ of habeas corpus in the 290 District Court of Bexar County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. In 2008, Applicant filed an application in this cause number as well as a companion cause, 2004-CR-5795, and only the application on the companion cause was forwarded to this Court.
Relator has sent file-stamped copies of his writ application, the State's response to that application, and the trial court's findings of fact order. The Bexar County District Clerk's office has told this Court that it does not have a copy of Relator's 11.07 application or any other papers in this cause, so the file cannot be reconstructed. Relator should re-file the habeas application in this cause so that it may be properly processed and transmitted to this Court.
The motion for leave to file this application for writ of mandamus is denied. Do not publish