Britton, Donald Ray ( 2015 )

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
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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
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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Do not publish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