Byrd, Alton Von

<p,Wfrfl! TDCCJ-CID # 369071 Polunsky Unit 3B72 F.M. 350 South Livingston, Texas 77351

December 1&, 2017

RECEIVED IN COURT OF CRIMINAL APPEALS

Ms. Deana Williamson, Clerk Texas Court of Criminal Appeals P.O. Box 1230B Austin, Texas -78711 DEC 22 2017

RE: Motion For Leave To File

Petition For Writ of Mandamus and Petition For Urit of Mandamus Deana Williamson, Clerk Dear Ms. Williamson :

Enclosed, please find the Motion For Leave To File Petition For Writ of Mandamus, Petition For Urit of Mandamus and Certificate of Service. Please "file" and present each of the same to the Court of Criminal Appeals.

Thank you for your most kind attention and consideration in this matter.

Sincerely, Alton Von By?d cc : File

Writ No. ALTON VON BYRD, § IN THE TEXAS COURT OF

Realtor, §

Us- § CRIMINAL APPEALS

§ CARMEN BROWN, District Clerk, § TRAVIS COUNTY, TEXAS San Augustine County, Texas, §

Respondent. §

PETITION FOR WRIT OF MANDAMUS TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, ALTON VON BYRD, realtor, pro-se , uho makes and files this his Petition For Writ of Mandamus. He would respect fully show in support:

I.

STATEMENT OF THE CASE Realtor BYRD filed ("mailbox rule"), his Article 11.07, Texas Code of Criminal Procedure, Application for Post-Conviction Writ of Habeas Corpus on the Texas Court of Criminal Appeals' approved form, with supporting Memorandum of Laud In Support and Exhibits A and B, by United States Mail, Certified, Return Receipt Requested, Receipt Number 9590 9402 -ZSS& 6336 8980 95, on JSts=^eTTrfe=SS=Q3, 2017 with Respondent CARMEN BROWN, District Clerk of San Augustine County, Texas.

II.

RESPONDENT'S STATUTORY DUTY Respondent BROWN has a statutory duty under authority of

Section 3(c), Article 11.07, Texas Code of Criminal Procedure to transmit a copy of the application, any answers filed and a cert ificate reciting any finding of the trial court absent the trial court's order designating issues or the expiration of 35 days.

This duty is ministerial in nature and does not requried the ex ercise of any discretion on the part of Respondent BROWN.

The statute controls over the Texas Rules of Appellate Pro cedure, Rules 73.4(b)(5) and 73.5 as the trial court failed to issue an .order designating issues.

III.

NO OTHER ADEQUATE REMEDY AT LAW Realtor BYRD has no other adequate remedy at law other than the writ of mandamus.

IV. ' PRAYER

WHEREFORE, PREMISES CONSIDERED, Realtor BYRD moves and prays that this Honorable Court grant him relief and order the writ of mandamus to issue.

Respectfully submitted, this \tftf, day of "4-)eC^ rfvLP^LP , 2017.

ALTON VON BY^D TDCZI-CID #36^071 Polunsky Unit 3.B7 2 F.M. 350 South Livingston, Texas 77351 Realtor, Pro-se

CERTIFICATE OF SERVICE

I herein certify that on this day, that I have deposited true and correct copy of the Motion For Leave To File Petition For Writ of Mandamus and Petition For Writ of Mandamus, in the United States Mail, postage pre-paid, certified, return receipt requested, receipt number: 9.C90 9^ol ILfl* L.13L> #<}£( f) I addressed to Ms. CARMEN BROWN, District Clerk, San Augustine County, 100 West Columbia Street, Room 202, San Augustine, Texas 75972. Signed this jj> U day of f),*r^h<?r , 2017. fl/fa Vfik& ALTON VON TDCD-CID 369071 Polunsky Unit 3872 F.M. 350 South Livingston, Texas 77351

Writ No

ALTON VON BYRD, IN THE TEXAS COURT OF

Realtor , Vs CRIMINAL APPEALS CARMEN BROWN, District Clerk, TRAVIS COUNTY, TEXAS San Augustine County, Texas,

Respondent.

ORDER

BE IT REMEMBERED, that on this day came on to be heard the Realtor ALTON VON BYRD's Motion For Leave To File Petition For Writ of Mandamus. After due and deliberate consideration of the Motion, it is the opinion of this court that the motion is hereby

GRANTED Denied SIGNED AND ENTERED, this day of

JUDGE, Texas Court of Criminal Appeals, Travis County, Texas