Roger Dale Dean . •' 

· · TDCJ· No. 1068114J ·Mark v. · Hiehael Unit· 

~664 FM 2QS4, T~nnessee Colony, ., Teaas 7$886 -~\. '" ,,, .. .... ' 

·• •;·•t.~~-1•"' ·::-..• "' '/'":;.~···' 

J • ' : March 30, 2015 · 

Court of Criminal Appeals of Texas 

Post Office Box 12308 

Austin, Texas 78711~2308 ,. ·: 

RE:. Roger Dale Dean v •. Yolanda Vasequez, Judge, ·183rd District 

Court ~~ 

Dear Hon. Cierk: 

' 

Enclosed for filing with the Court of Criminal Appeals of 

Texas is an Application for a Writ of Mandamus. Please filessaid 

application and bring it to the attention of the Court • 

. Thank you for.your assistance in this matter. 

; ,, '. ; \ ' ~::.· 1/ ~; ',• I 

Cc: File 

Hon. Yolanda Vasequez 183rd Judicial District Court 

1201 Franklin 

Houston, Texas 77002 

Atllsl Acosta, Cle~k 

:J 

... · )''' 
NO.------

TRIAL COURT NO. 0852518-A 

IN THE 

COUB.T OF CRIMINAL APPEALS OF TEXAS 

ROGER DALE DEAN, Relator, 

v. 

HON. YOLANDA VALESQUEZ, JUDGE, 183RD JUDICIAL DISTRICT COURT, Respondent. 

APPLICATION FOR A WRIT OF MANDAMUS . FROM HAUlS COUNTY 

TO THE HONORABLE COURT OF CRIMINAL APPEALS: 

, COMES NOW, Roger Dale Dean, Relator, in the above styled and 

numbered cause of action and files this Application for a Writ of 

Mandamus, pursuant to the original jurisdiction of this Court. In 

support of this application Relator submits the following: 

RELATOR 

·Relator has exhausted his remedies and bas no other adequate 

remedy at law. 

The acttsought to be compelled is ministerial and not discre• 

tionary in nature. Texas Code of Criminal Procedure Article 11.07 

§ 3(d) requires Respondent to decide whether there are controverted, 

previously unresolved facts which are material to .the legality of 

Relator's confinement and designate the ·issues of fact to be resolved within 20 daps of the expiration of the time the State has 

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to file ~n answer. Respondent adopted the State's Motion Requesting Designation of Issues on April 15, 2014. However, in the State's 

motion, there was no means indicated ln whieh.to· r~solve the controverted, previ~~sly.unresolved facts. A~ of this dat~, there has 

be~n no is~ue~ r~solved. It has been over 180. days since the 'St~te •' .... 

. rec.ei\red; the appiicti'tion and . the cle~lcha~ not fonrard~d . th~ i r~eo~d, 

as. 'requ"!red by i~w'. . .· 

.· ~-· ' ' ... ; 

. , Ref~tor, fil~d .his ap,licattdn, for' wri't ·~f ~ttnd~~h:r/with> the .·· ... : . ' ,' ·-.:: '·;. ·,' ~~~. 

183rd··--Judieial District Court of Harrris County on J~~~~ry:.'.19';: 2o1s_, · · .· . '; '· ... · . . '·, 

req~e~·ting' the trial court judge . ~rder Chris· :Danlel ,· Harris· 'Co~nty 0' ''•r 

District Cler~ forWiihllt the record as required by Rule 73.3of the 

Texas Rules of Appellate. P~ocedure. See· Exhibit A. Respondent has 

failed to order the clerk to forward the.reeord. 

RESPONDENT 

Respondent, Honorable Yolanda Valesquez, inher official capacity as ·Presiding Judge of the 183rd Judic-ial District Court of 

Harris County has a duty to order the clerk to transmit the record on such application , for a· vn:i t of habeas corpus to this Court 

'. 

after 180 days have lapsed since the State received the appli~ation, 

if the' trial court designates issues to be resolved. . . . 

In contrast to Relator's efforts, Respondent has wholly failed 

to order the Harris Cour:ity District Clerk to comply with Rule 7.3.3 

of the Texas Rules of Appellate Procedure, is acting in bad faith, 

and has failed to afford Relato_r the p1:ofessionat and common court• 

esy of any response to his request~ 

PlAYER 

WHEREFORE, PREMISES CONSIDERED, Relator. Roger Dale Dean; 

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t.. 

. ' '·. 

prays~ ·tha.t .the· Court will enter a finding .that. Rea·pondent:·bas. ·failed 

to .order .the· Har.ris County. District.~ Clerk: to fon1ard. the habeas::.·.··· 

record, as :required .and that:. Relator. brought·. this litigation ·.in;, .. 

good faith and·~s substantially prevailed •. Relator··further.·:pray.s .. . · .... 

for an ·order directing Respondent to transmit ,the ·habeas record: t.o . . 

the Court. of Criminal appeals after having resolved~ any eontro- .. . . verted facts.· 

Dated:· March 30, 2015. 

ROGER DALE DEAN 

RELATOR 

TDCJ No. 1068114 

Mark w. Michael Unit .. 2664 FM 2054 

Tennessee Colony, Texas 75886 

. CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing application has been sewved by placing sama in the United . . ' 

States Mail,- postage prepaid, on the 30th day ofMarch, 2015, 

addressed to: 

Hon. Yolanda Valesquez 

183rd Judicial District Court 

1201 Franklin 

Houston, Texas 77002 

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EXHIBIT A 

CAUSE NO. 0852518-A 

ROGER DALE DEAN, 

Rela.tor, 

v. 

§ 

§ 

§ 

§ 

§ 

CHRIS DANIEL, Ha~~is Cqunty § 

District Clerk, In His Official § 

Capacity, .. . . .. . § Respondent. § 

IN THE 183RD JUDICIAL 

DISTRICT COURT OF 

HARRIS COUNTY; TEXAS 

APPLICANT'S ORIGINAL APPLICATION FOR WRIT OF MANDAMUS 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, Roger Dale Dean, Relator in the above-styled and 

numbered cause of.action and files this original application for 

of ·mandamus pursuant to Rule· 73·.3 of the Texas ~ules of Appellate 

Procedure, and would show.the Court the following: 

RELATOR 

Roger Dale Dean, TDCJ No. 1068114, is an.offender incarcerated 

in the Texas Department of ·Criminal Justice and is appearing pro se, 

who can be located at Mark W. Michael Unit, 266'• FM 2054, Tennessee 

Colony, Texas 75886. 

Relator has exhausted his remedies and has no other adequate 

remedy at law. 

Th~ act sought to be compelled is ministerial, not discretionary in nature. Texas Rules of Appellate Procedure, Rule 73.3 re..; 

quires Respondent to transmit to the Court of Criminal Appeals a 

copy of the application for writ of habea~ corpus, any answers 

filed, and a certificate reciting the date upon which that finding 

was made, if the Court has designated issues to be resolved and 

180 days has past since the State received the application. No 

1 
such records have been f~rwarded to·the C~tirt of Criminal Appeals. 

Had such documents been transmitted by Respondent as required by ' . ' ' 

statute, Relator would have received notice from the Court of 

Crimina~lAppeals. 

,"RES]i»ONDENT . ··: 

Respondent, Chris Daniel, in his capacity as Distric~ Clerk 

of Harris County, Tex~s, has a ministerial~du~y to receive and file 

all pap'ers in' a criminal 'proceedlng·, 'and perform all other duties 

imposed under Texas Rules of Appellate Procedure, Rule 73.3, pursuant to Texas Code of Criminal. Procedure article 2~21, to immediately transfer to the Court of Criminal Appeal~ on the !80th day 

from the date the State receives the application, a copy of the 

application, any answers filed and all other papers filed. Chris 

Daniel, Harris County District Clerk may be served at. his place of 

business 1~01 Franklin, Houston, Texas 77002. 

VIOLATION OF ~.R.A.P. RULE 73.3 

The Respondent violated Rule 73.3 T.R.A.P. by failing to forward the habeas· record on the 180th day from the date the State 

received the application. The State filed a Motion Requesting D.es~ 

ignation of Issues on April 11, 2014. The Sta.te received the application prior to that date. Over. 180 days have lapsed since the 

. ' . ' 

State received the application and the record has not been transmit ted. 

POYER 

WHEREFORE, PREMISES CONSIDERED, Relat9r, Roger Dale Dean, 

respectfully requests a finding that the Respondent did transmit 

documents to the Court.of Criminal Appeals as ·required by statute 

2 
and that Relator brought this litigati~n in good faith and has 

substantially prevailed. Relator prays for an Order directing 

Respondent to transmit the habeas record to the Court of Criminal 

Appeals a's directed by Rule 73.3 of the Texas Rules of Appellate 

Procedure. 

Dated: January 19, 2015 R spectu~y submit ted, 

ROG DALE DEAN 

RELATOR 

TDCJ No. 1068114 

Mark w. Michael Unit 

2664 FM 2054 

.Tennessee Colony, Texas 75886 

~ERTIFICATE OF SERVI~ 

I hereby certify that a true and correct copy o.f the foregoing application hQs been served by placing same in the United · 

States Mail, postage prepaid, on the 19th day of January, 2015, 

addressed to: 

Chris Daniel 

Harris County District Clerk 

1201 Franklin 

Houston, Texas 77002 

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