Case Information

*0 RECEIVED COURT OF CRIMINAL APPEALS 9/3/2015 ABEL ACOSTA, CLERK *1 WR-83,783-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WR-83,783-01 Transmitted 9/3/2015 1:48:05 PM Accepted 9/3/2015 2:11:08 PM IN T HE C O U RT OF CRIMINAL APPEALS ABEL ACOSTA CLERK

OF TEXAS IN RE THOMAS ALLEN SIMON, Relator

ON APPLICATION FOR A WRIT OF M A N D A M US

IN CAUSE N O. 42908 IN T HE 424™ DISTRICT COURT

FROM BURNET C O U N TY MOTION FOR TRANSFER OF RECORD

By Hon. Wiley B. "Sonny" McAfee, District Attorney

Real Party in Interest OFFICE OF DISTRICT ATTORNEY

33^^ and 424*^ JUDICL^L DISTRICTS

Wiley B. McAfee, District Attorney

P. O. Box 725, Llano, Texas 78643

Telephone Telecopier

(325) 247-5755 (325) 247-5274

g.bunyard@co.llano.tx.us

By: Gary W. Bunyard

Assistant District Attorney State Bar No. 03353500 ATTORNEY FOR REAL PARTY IN INTEREST WILEY B. "SONNY" McAFEE, DISTRICT ATTORNEY

September 3, 2015 *2

TO T HE HONORABLE JUDGES OF SAID COURT:

The pleading for relief in this action was filed with this Court following the

denial of relief in the Third District Court of Appeals on August 25, 2015. The

prior proceeding was docketed as No. 03-15-00500-CV. The reporter's record of

the proceeding on which the petition for mandamus is based was filed with the

Clerk of the Third District Court of Appeals under said case number, however, said

record was ordered to be sealed.

The Response which is being filed by the Real Party in Interest, M r. Wiley B.

"Sonny" McAfee, contemporaneously with this Motion has multiple references to

said record. This reporter's record will be necessary for this Court to make a full

and complete determination of the merits of the pleadings for or against relief

The undersigned counsel for Real Party in Interest, Mr. Wiley B. "Sonny"

McAfee, requests that this Court order the Clerk of the Third District Court of

Appeals to transfer said reporter's record filed in case number 03-15-00500-CV to

the Clerk of this Court for filing in this cause.

ii *3 Prayer For Relief Wherefore, the undersigned prays the Court grant this motion and direct the

Clerk of the Third District Court of Appeals to transfer the reporter's record filed

in case number 03-15-00500-CV to the Clerk of this Court.

Respectfully submitted, OFFICE OF DISTRICT ATTORNEY 33"^^ and 424'^ JUDICIAL DISTRICTS Wiley B. McAfee, District Attorney P. O. Box 725

Llano, Texas 78643 Telephone Telecopier (325) 247-5755 (325) 247-5274 By:

Assistant District Attorney State Bar No. 03353500 g.bunyard@co.llano.tx.us ATTORNEY FOR REAL PARTY IN INTEREST WILEY B. "SONNY" McAFEE C E R T I F I C A TE OF WORD C O U NT

This is to certify that the pertinent portion of this motion contains 208 words

printed in Aldine401 BT 14 font as determined by the WordPerfect X7© word

count tool.

Assistant District Attorney iii

C E R T I F I C A TE OF SERVICE This is to certify that a true copy of the above and foregoing instrument, together

with this proof of service hereof, has been forwarded by EServe and by email on the

3rd day of September 2015, to M r. Tracy D. Cluck, Attorney for Relator, at

tracy@tracyclucklaw.com, and by EServe .

Assistant District Attorney iv