The Texas Rules of Appellate Procedure governing extraordinary matters filed in this Court state that "a motion for leave to file must accompany an original petition for writ of habeas corpus, mandamus, procedendo, prohibition . . ." Tex. R. App. P. 72.1. Relator has filed no such motion with his application. Rule 72.1 is mandatory. For that reason, as well as our decision in Padilla v. McDaniel, 122 S.W.3d 805 (Tex. Crim. App. 2003), we cannot stay these proceedings to request a more complete record and response from the State and trial court.

Filed: February 11, 2009

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