\ • • WRIT OF HABEAS CORPUS RECEIVED IN CERTIFIED COPIES OF COURT OF CRIMINAL APPEALS MAR 112015 POST CONVICTION Abe' Acosta, Clem FROM: 230TH DISTRICT COURT

OF

HARRIS COUNTY, TEXAS

DONALD WAYNE HEROD

APPLICANT

VS.

THE STATE OF TEXAS

RESPONDENT

CAUSE #678796-C PAGE I OF I REV. 01-02-04 '... • INDEX • PAGE

WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS 1 DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 3 CERTIFICATE OF THE CLERK 4

PAGE I OF I REV: 01-02-04 -· ~.

• 'f!ma:_--:-:----,--::--~--­ :1orrla County, fnu Jy______~~--------- Daputy

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,858-16

IN HE DONALD W. IIEROD, Relator

ON ,\PPLIC\TION FOR A \VRIT OF i\1..\NO..\~IUS CAUSE NOS. I 152281,0678796 & 0867122 L'l TilE JJ9'h, 2JO'h & JJ7'h DISTRICT COUirfS FROM HARRIS COUNTY

Per curiam.

OI~DER

Rdator has tiled a motion for leave to file a writ of mandamus pursuant to the original juri sJ iction of this Court. In it, he contends that he tiled applications for writs of habeas corpus in the 339' 11 , 230' 11 , and 337' 11 District Courts of 1-laJTis County, that more than 35 Jays have elapsed, and that the applications have not yet been forwarded to this Court.

In these circumstances, additional facts are needed. Respondent, the District Clerk of Harris County. is ordered to tile a response, which may be made by submitting the records on such habeas corpus applications, submitting a copy of timely filed orders which designate issues to be ·. ' _,.' . .· • • in\''-'stigated (see McCree v. H(/mpton. 32.:+ S.\Y.2J 578, 579 (Tex. Crim ..-\pp. Il)l)?.)), or stating th~t Relator has not tiled applications for writs ofh:1beas corpus in Harris County. Should the response indmk orders designating issues, proofofthe date the district attorney's oftice \vas served with the habeas applications shall ::tlso be submitted with the response. This application for kave to tik a writ of manJamus shall be held in abeyance until ResponJcnt has ~ubmitted the appropriate response. Such response shall be submitted within 30 days of the date of this on!t.:r.

Fikd: February 4, 2015 Do llllt publish

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

HARRIS COUNTY DISTRICT ATTORNEY DEVON ANDERSON

February 26, 2015

Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 Re: Ex parte DONALD WAYNE HEROD No. 678796-C in the 230TH District Court of Harris County, Texas Filing date: 6-30-14

Date copy ofwrit delivered to District Attorney's Basket: 2/26115 By: B. MCNEIL

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. ~~"f'lt,' .... - ..... "'"l-"'-"' ... ..,,-·-:.,~ ':'' ~ .i 'I ••, . : · ' " . . . . J~···.-r: ·r~~ ...... ,. , ,/' Sincerely, ··,\ / ·~) T l -·fo;-;;\_'2... &JI If,~~~ '\., •••·· .. t.·~-. -· ......,, --~ ·r·_··;._,: -~: .tr.I~.._·;~~:~·:J:...::~::.:~:...···'ta..i:~t -s~Ji:Jl!·-..,:"'5-:!lo

Date Received Assistant District Attorney .Harris County, Texas • • CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY

THE STATE OF TEXAS { IN THE 230th DISTRICT COURT COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS

I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the foregoing ~ pages contain true and correct copies of original records now in my lawful custody and possession relating to cause number 678796-C 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 of the Texas Department of Criminal Justice Institutional Division.

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

PAGE I OF I REV. 01-02-04 :00004 WRIT OF HABEAS CORPUS

CERTIFIED COPIES OF

POST CONVICTION

FROM: 339TH DISTRICT COURT

OF

HARRIS COUNTY, TEXAS

DONALD WAYNE HEROD

APPLICANT

VS.

THE STATE OF TEXAS

RESPONDENT

CAUSE #1152281-D 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 't .. ,.

FJIJLED Chris Daniel Dls~rlct Clerk FEB 0 5 2015 nme:__~~~~~----­ Harrla County, Texae By------~~~------- oaputy

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,858-16

IN RE DONALD W. HEROD, Relator

ON APPLICATION FOR A WRIT OF l\tlANDAMUS CAUSE NOS. 1152281, 0678796 & 0867122 IN THE 339'h, 230'h & 337'h DISTRICT COURTS 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 applications for writs of habeas corpus in the 339'h, 230'h, and 337'h District Courts of Harris County, that more than 35 days have elapsed, and that the applications have not yet been forwarded to this Court.

In these circumstances, additional facts are needed. Respondent, the District Clerk of Harris County, is ordered to file a response, which may be made by submitting the records on such habeas corpus applications, submitting a copy of timely filed orders which designate issues to be

:00001 -. ' • l

investigated (see }vfcCree v. Harnpton, 824 S. W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has not filed applications for writs of habeas corpus in Harris County . Should the response include orders designating issues, proof of the date the district attorney's office was served with the habeas applications 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, 2015 Do not publish 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. 1152281-D in the 339th District Court of Harris County, Texas Filing date: 06-27-14

Date copy of writ delivered to District Attorney's Basket: __f_E_B_2....;5_2_0t~5__ 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.

FTB 2 5 W15 ··~:,..... ,"!·~·:: '·t.~.....:.-~_ .• ~-·"'~:.";'''~' ''·· :.:· •''t'!'-·. :-,...._ ~.:•,:'";-:t-·7:::..:--'":~:::: ·:,;--··~ :;---\~~-:~ 1'~' .• Date Received Assistant District Attorney Harris County, Texas CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY

THE STATE OF TEXAS { IN THE 339th 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 1152281-D 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 of the Texas Department of Criminal Justice Institutional Division.

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

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