ROBERT EARL WHITFIELD v. 87TH JUDICIAL DISTRICT COURT (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-30,374-16

ROBERT EARL WHITFIELD, Relator

v.

87TH JUDICIAL DISTRICT COURT, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 9397-B

FROM FREESTONE COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. He contends that the trial court ordered DNA testing under Chapter 64 of the Code of Criminal Procedure, that testing was completed in April 2009, and that the trial court has not held a hearing and issued findings as required by the Code of Criminal Procedure. Tex. Code Crim. Proc. art. 64.04. Relator presented his claims to the appellate court in a mandamus petition before filing the instant application. In re Whitfield, No. 10-10-00357-CR (Tex. App.-Waco Oct. 20, 2010) (unpublished).

In these circumstances, additional facts are needed. The respondent, the judge of the 87th District Court of Freestone County, is invited to file a response with this Court, as is the prosecuting authority in this case. Any response shall specifically address whether the court has ordered DNA testing under Chapter 64 in Relator's case. If so, the response shall also detail whether Relator has been appointed counsel and whether results from DNA testing have been returned to the court. If the trial court ordered testing and has received the results of the testing, it shall also answer whether it has held a hearing and issued findings as required by Article 64.04 of the Code of Criminal Procedure.

The application for leave to file a writ of mandamus will be held in abeyance until the respondent has had the opportunity to file the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: April 20, 2011

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