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WRIT OF HABEAS CORPUS RECEiVED IN COURT OF CRIMINAL APPEALS CERTIFIED COPIES OF MAR 112015 POST CONVICTION

FROM: I 85TH DISTRICT COURT

OF

HARRIS COUNTY, TEXAS

DONALD WAYNE HEROD

APPLICANT

vs.

THE STATE OF TEXAS

RESPONDENT

CAUSE #476691-B PAGE I OF I REV. 01-02-04 •' INDEX PAGE

WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3 CERTIFICATE OF THE CLERK 4

PAGE I OF I REV: 01-02-04 ' ~·· ...,

FILED Chris Daniel Ois~rict Cieri< FEB 0 5 2015 Tima: -~Is County, Texas By_ _ _-n~~--- Deputy

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,858-17

IN RE DONALD W. HEROD, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 476691 IN THE 185th DISTRICT COURT FROM HARRIS 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 185th District Court of Harris 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 ofHarris 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 which 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 Harris County. Should the response include an order designating issues, proof of the 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Filed: February 4, 2014 Do not publish

:00002 Belinda Hill Criminal Justice Center Interim First Assistant 1201 Franklin, Suite 600 Houston, Texas 77002-1901

HARRIS COUNTY DISTRICT ATTORNEY DEVON ANDERSON

February 25,2015

Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 Re: Ex parte DONALD WAYNE HEROD No. 476691-B in the 185th District Court of Harris County, Texas Filing date: 08-27-14

Date copy of writ delivered to District Attorney's Basket: _F_£_8_ 2_5_2_0_15_ _ By: L. Hernandez

Dear Sir: I hereby acknowledge receipt of a copy of the above-captioned post conviction application for writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.

Therefore, I waive service by certified mail as provided therein.

I understand that I have 15 days from the date received to answer.

fEB 2 5 ZOf5 " + Date Received ...,,A:sslstanfDistficf·Anorney....,··-··\·'"" Harris County, Texas

:00003 CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY

THE STATE OF TEXAS { IN THE 185th DISTRICT COURT COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS

I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the foregoing 4 pages contain true and correct copies of original records now in my lawful custody and possession relating to cause number 476691-B including certified copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D., 15) and each document, the inclusion of which was thereby ordered.

I further certify the Applicant DOANLD WAYNE HEROD is in the custody ofthe Texas Department of Criminal Justice Institutional Division.

Witness my hand and seal of said Court atHouston, Texas, on this the 4TH day of MARCH, 2015.

PAGE I OF I REV. 01-02-04