Case Information

*1 January 16, 2015 RECEIVED IN

Abel Acosta, Clerk Court of Criminal Appeals COURT OF CRIMINAL APPEALS Post Office Box 12308

Austin, T~xas 78711-2308 JAN 20 2015 Abel Acosta, Clerk

Re: Writ No. Trial No. 07-712-K368B Dear Sir:

Enclosed for timely and proper filing is Movant's Petition for Writ of Mandamus.

Thank you for presenting this to the Court.

Yours Sincerely, South Livingston, T~Kas cc: Lisa David, Clerk

Williamson County Courthouse

368th Judicial District Court

Post Office Box 24

Georqetown, Texas 78627

\ IN THE COURT OF CRIMINAL APPEALS OF TEXAS

In re JOHNNY MORENO, § WRIT NO.

§ § § TRIAL NO. 07-712-K368B MOVANT § PETITION FOR WRIT OF MANDAMUS

COMES NOW, Johnny Moreno, the Movant herein, and pursuant to Rule 52.1, of the Texas Rules of Appellate Procedure, properly files this Petition for Writ of Mandamus praying. for relief. In support thereof, .Movant would show:

I On September 18, 2014, Mr. Moreno filed an application for writ of habeas corpus in the 368th Judicial District Court of Williamson Qounty, Texas. A filed-stamped copy of the cover ··page is appended hereto as. DEFENDANT'S EXH IBI'!:_~. On September

19, 2014, the State waived service by certified mail. A copy of the State's Waiver is appended hereto as DEFENDANT'S EXHIBIT "B".

II Since the September 18, 2014, filing, the State and the trial court have totally failed to comply with provisions of Article 11.07, §3(a), of the Texas Code of Criminal Procedure. Specifically, the State has failed to comply with Article 11.07, § 2(b), which requires the State to provide an answer within 15 *3 days. Consequently, the trial court has also failed to comply with Artile 11.07, § 3(b), which requires the convicting court to dat- ermine whether there are any controverted or unresolved issues within 20 days concerning the legality of Mr. Moreno's confinement.

' I III

On October 20, 2014, Mr. Moreno forwarded a letter of in- quiry to the Court Clerk. The Clerk responded by forwarding Mr.

Moreno a copy of the filidq date and the State's waiver of service.

On November 10, 2014, Mr. Moreno forwarded a second letter of inquiry but as of this filing M~. Moreno has received no response.

IV Both the State and the trial court have a ministerial duty to comply with provisions of 11.07 of the Texas Code of Criminal Procedure. Mandamus will lie only to correct a clear abuse bf discretion.

Such an abuse is clearly present in Mr. Mo~eno's case.Accord- inqly, Movant Moreno now prays that this Honorable Court will GRANT Mandamus relief and ORDER the State and the tri~l court to come into compliance with the ~rovisions of Artilc~ 11.07.

Sout:h Livingston, Texds Executed: . JL ;7~ dtJJ.)"'". t::j J~Mo"Uh Ye'ar

CERTIFICATE OF SERVICE Service has been accomplished by forwarding a true and <", correct copy of Petitioner's Petition for Writ of Mandamus,

prepaid, via u.s. Postal Service, on this /h day of

20 /s-, to:

Lisa David, District Clerk Williamson County Courthouse 36~th Judicial District Court Post Office Box 24 Georqetown, Texas 78627 Mov:ant *5 CaseNo._~(e@ZJ (The Clerk of the convicting court will fill, this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS

APPLICATION FORA WRIT OF HABEAS CORPUS

SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 Johnny Moreno ME : ------~--------~------------------------------~----- NA1

DATE OF BIRTH: ___ s_e_p_t_e_m_b_e_r_l_9_,_1_9_6..,.S ___ ---,.___,....,.....;·;_\ - - - - - - , PLACEOFCONFINEMENT: Polunsky Unit - TDCJ-CID Sli> NUMBER: 011:.;3.:..:3"-l0~6~4~2-..t.7 ____ _

TDCJ-CIDNUMBER: 1485335 (1) This application concerns (check all that apply): DEFENDANT'S EXHIBIT 0 ~ a conviction parole "A" a sentence mandatory supervision _&I 0 0 time credit 0 out•of-tinie ~ppeal or petition for discretionary review X DNA

(2) What district'court entered the judgment of the_ conviction you want relief from?

(.Include the .court number and county,)

368th Judicial District Court - Williamson County, Texas (3) What was the case lnlmber in the,trial court? 07-712-K368 •''l•id .. ,

(4) What was the name ofthe tria_l Judge?

Burt Carnes SEP 1 C 2014 Effective: January 1.

~ District Clerk W~l/11 • amson c ' Rev. 01/14/14 o., TX. *6 NO. 07-712-K368B

§ IN THE § 368TH JUDICIAL DISTRICT THE STATE OF TEXAS VS. JOHNNY § COURTOF MORENO § WILLIAMSON COUNTY, TEXAS

§ WAIVER OF SERVICE NOW COMES JANA DUTY, District Attorney of Williamson County, Texas, and hereby acknowledges that she has on the 18th day of September, 2014, received from the District Clerk's Office a copy ofthe Application for Writ of Habeas Corpus filed on September 18,2014, in the above entitled and numbered cause and she hereby waives delivery to her of said Application by certified mail.

, District Attorney ounty, Texas BY:

LISA DAVID, District Clerk Williamson County, Texas ~~''~FILED~.

at~o'clock .. · SEP. 1 9 2014 ~~ Dlatrlct Clerk, Wllllams~n ~ {jl ku..(}~ t/wf 1-ecudJ IO(M/(1 ~) ' . .