IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,938-01
EX PARTE JOSEPH PENA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 96CR2781 IN THE 186TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. Hervey, J. not participating.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of
murder and sentenced to imprisonment for life. The Fourth Court of Appeals affirmed his conviction.
Pena v. State No. 04-97-80-CR (Tex. App.–San Antonio, November 12, 1998).
The habeas record has been forwarded to this Court, but does not include a properly filed
copy of the supplemental application filed by Applicant raising the ground of ineffective assistance
of appellate counsel. It is clear from the record that both parties believe that such a supplemental
application was properly filed with the district clerk, but no such application was forwarded to this
Court for review. We remand this application to the 186th District Court of Bexar County to
supplement the record with an official copy of that supplemental application.
This application will be held in abeyance until the trial court has supplemented the record or
forwards a statement to this Court advising that no such supplemental application was filed. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing the
supplemental application, or such statement from the district clerk, shall be forwarded to this Court
within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: July 23, 2014
Do not publish
Pena, Joseph
Combined Opinion