Britton, Donald Ray

• Court: Court of Appeals of Texas
• Decided: March 19, 2015
• Docket: WR-81,957-01
• Status: Published

Opinion

TONNA TRUMBLE HITT DISTRICT CLERK 355TH JUDICIAL DISTRICT COURT Hood County Justice Center 1200 West Pearl Street Granbury, Texas 76048 (817) 579-3236

March 16, 2015

Court of Criminal Appeals t\bel Acosta RECE~VED iN COURT OF CRIMINAL APPEALS P. 0. Box 12308 Capital Station MAR 19 2015 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

., . I

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I -. '•· 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 ..

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Filed: September 10, 2014 Do not publish FILE COPY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 COURT OF CRIMINAL APPEALS CLERK (512)463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS CHERYL JOHNSON AUSTIN, TEXAS 78711 SIAN SCHILHAB MIKE KEASLER GENERAL COUNSEL (512) 463-1597 BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES

March 12,2015

District Clerk Hood County Torma Trumble Hitt 1200 West Pearl Street 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