Opinion
NO. WR-31,583-05
05-24-2017
IN RE FELIX RIVERA, Relator
ON PETITION FOR A WRIT OF MANDAMUS IN CAUSE NO. D-12-0821-SB IN THE 391 DISTRICT COURT FROM TOM GREEN COUNTY Per curiam. ORDER
Relator filed a petition for a writ of mandamus, pursuant to the original jurisdiction of this Court. The petition requests that we issue a writ of mandamus in the underlying case, ordering the district court to comply with this Court's opinion in Ex parte Rivera, WR-31,583-04 (Tex. Crim. App. Apr. 12, 2017)(not designated for publication). In that opinion, this Court granted Relator an out-of-time appeal and ordered the district court to determine whether Relator was indigent and if so, immediately appoint him counsel to pursue his appeal. Relator contends that the district court has not made the indigency determination or appointed him appellate counsel.
This Court orders that the respondent, the Judge of the 391 District Court of Tom Green County, file a response with this Court. The motion for leave to file a petition for a writ of mandamus will be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order. Filed: May 24, 2017
Do Not Publish