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Ex Parte Le James Norman

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ORDER

This case is before us because an application for writ of habeas corpus has not been properly filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071.*fn1

The trial court appointed Terry McDonald to represent applicant in a post-conviction writ of habeas corpus under Article 11.071. On May 7, 2010, the State filed in this Court its brief on applicant’s direct appeal. Pursuant to Article 11.071, § 4(a), counsel should have filed applicant’s writ application no later than June 21, 2010. However, the trial court granted counsel’s timely motion requesting a 90-day extension for filing applicant’s writ application, making the application due in Jackson County no later than Monday, September 20, 2010.*fn2 Art. 11.071, § 4(b). McDonald filed the writ application in Victoria County instead. On November 3, 2010, this Court ordered McDonald to file an affidavit explaining the circumstances surrounding his filing of the application.

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