Court of Criminal Appeals of Texas, 2020

Montoya, Daniel Alberto

Montoya, Daniel Alberto
Court of Criminal Appeals of Texas · Decided April 9, 2020
Montoya, Daniel Alberto

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-89,123-01 AND WR-89,123-02

EX PARTE DANIEL ALBERTO MONTOYA, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. W14-31191-R(A) AND W14-31192-R(A)

IN THE 265TH DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

ORDER

Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art. 11.07. According to the record, the trial court held an evidentiary hearing on May 9, 2019, but the transcript of the hearing was not forwarded to this Court. Under Article 11.07 of the Texas Code of Criminal Procedure, a reporter is required to transcribe a hearing within fifteen days of its conclusion and then to immediately forward the transcript to the district clerk in the county of conviction. Id. at § 3(d). After receiving the transcript, the district clerk is required to forward it, among other things, to this Court. Id.; see also TEX . R. APP . P. 73.4(b)(4).

The district clerk shall serve the reporter in Applicant’s case with a copy of this order and then either forward to this Court the transcript of the evidentiary hearing or certify in writing that the reporter has not transcribed the hearing. The district clerk shall comply with this order within thirty days from the date of this order.

Filed: April 9, 2020

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