IN RE RODNEY JOHN RAMIREZ, Relator (Other)

State: Texas

Docket No: WR-25,057-09

Case Date: 06/26/2013

Preview:IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. WR-25,057-09

IN RE RODNEY JOHN RAMIREZ, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 59793 IN THE 327TH DISTRICT COURT FROM EL PASO COUNTY

Per curiam. KELLER , P.J., dissents.

OPINION Relator has filed a motion for leave to file an application for a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends, among other things, that he filed an original application for a writ of habeas corpus in the 327th District Court of El Paso County and that the trial judge has not ruled on his application. On March 6, 2013, we held this application in abeyance and ordered the trial judge to respond. In her response, the trial judge stated, among other things, that Relator filed a purported habeas application to set aside his sentence and that because his application was based on a final felony conviction, it had to be on the form prescribed by Rule 73.1 of the Rules of Appellate

2 Procedure. The trial judge also stated that Relator's habeas application should be dismissed pursuant to Article 11.07,

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