Case Information
*1 TONNA TRUMBLE HITT DISTRICT CLERK 355TH JUDICIAL DISTRICT COURT Hood County Justice Center Granbury, Texas 76048 March 16, 2015 RECE~VED iN
Court of Criminal Appeals t\bel Acosta P. 0. Box 12308 MAR 19 2015
Capital Station Austin, Texas 78711
RE: Britton, Donald Ray
CCA No. WR-81,957-01
Trail Court Case No. CR11268
Dear Mr. Acosta:
In response to the Court of Criminal Appeals Order filed September10, 2014, we are notifying you that there are no records showing tha,t the Hood County District Clerk's office has received an application for Writ of Habeas Corpus from Donald Ray Britton.
Please let us know if any further information is needed.
Sincerely,
~&rei
Tracy Board
Deputy Clerk
Hood County District Clerk's Office
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,957-01 IN RE DONALD RAY BRITTON, Relator ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. CR11268 IN THE 355TH DISTRICT COURT FROM HOOD COUNTY
Per curiam.
ORDER Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he filed an application for a writ of habeas corpus in the 355th District Court of Hood County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Hood County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application, submitting a copy of a timely filed order that designates issues to be investigated (see McCree v. Hampton, 824 S.W.2d 578,579 (Tex. Crim. App. 1992)), or stating that Relator has
2 not filed an application for a writ of habeas corpus in Hood County. Should the response include an order designating issues, proof ofthe date the district attorney's office was served with the habeas application shall also be submitted with the response. This application for leave to file a writ of mandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.
Filed: September 10, 2014
Do not publish
FILE COPY SHARON KELLER ABEL ACOSTA PRESIDING JUDGE CLERK (512)463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS AUSTIN, TEXAS 78711 SIAN SCHILHAB CHERYL JOHNSON GENERAL COUNSEL MIKE KEASLER BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES
March 12,2015 District Clerk Hood County
Torma Trumble Hitt
Granbury, TX 76048 * DELIVERED VIA E-MAIL *
Re: BRITTON, DONALD RAY
CCA No. WR-81,957-01
Trial Court Case No. CR11268
Dear Clerk:
On September 10, 2014 this Court entered an order requiring you to respond within 30 days by either presenting an Order Designating Issues, submitting the application for Writ of Habeas Corpus to this Court, or by certifying that no application was filed. A copy of said order is available on our website under the above referenced writ number. To date no response to this order has been received.
Please take action within the next ten days to explain why you have not complied with the order of September 10, 2014.
Abel Acosta, Clerk cc: Donald Ray Britton
SUPREME COURT BUILDING, 201 WEST 14TH STREET, ROOM 106, AUSTIN, TEXAS 78701 WEBSITE WWW.TXCOURTS.GOV/CCA.ASPX