Simon, Thomas Allen ( 2015 )

WR-83,783-01 COURT OF CRIMINAL APPEALS WR-83,783-01 AUSTIN, TEXAS Transmitted 9/3/2015 1:48:05 PM Accepted 9/3/2015 2:11:08 PM I N T H E C O U R T OF CRIMINAL APPEALS ABEL ACOSTA CLERK OF TEXAS RECEIVED COURT OF CRIMINAL APPEALS 9/3/2015 ABEL ACOSTA, CLERK I N RE THOMAS ALLEN SIMON, Relator O N APPLICATION FOR A WRIT OF M A N D A M U S I N CAUSE N O . 42908 I N T H E 424™ DISTRICT COURT FROM BURNET C O U N T Y MOTION FOR TRANSFER OF RECORD By Hon. Wiley B. "Sonny" McAfee, District Attorney Real Party in Interest OFFICE OF DISTRICT ATTORNEY 33" and 424*^ JUDICL^L DISTRICTS Wiley B. McAfee, District Attorney P. O. Box 725, Llano, Texas 78643 Telephone Telecopier (325) 247-5755 (325) 247-5274 g.bunyard@co.llano.tx.us By: Gary W. Bunyard Assistant District Attorney State Bar No. 03353500 ATTORNEY FOR REAL PARTY I N INTEREST WILEY B. "SONNY" McAFEE, DISTRICT ATTORNEY September 3, 2015 T O T H E HONORABLE JUDGES OF SAID COURT: The pleading for relief in this action was filed with this Court following the denial of relief in the Third District Court of Appeals on August 25, 2015. The prior proceeding was docketed as No. 03-15-00500-CV. The reporter's record of the proceeding on which the petition for mandamus is based was filed with the Clerk of the Third District Court of Appeals under said case number, however, said record was ordered to be sealed. The Response which is being filed by the Real Party in Interest, M r . Wiley B. "Sonny" McAfee, contemporaneously with this Motion has multiple references to said record. This reporter's record will be necessary for this Court to make a full and complete determination of the merits of the pleadings for or against relief The undersigned counsel for Real Party in Interest, Mr. Wiley B. "Sonny" McAfee, requests that this Court order the Clerk of the Third District Court of Appeals to transfer said reporter's record filed in case number 03-15-00500-CV to the Clerk of this Court for filing in this cause. ii Prayer For Relief Wherefore, the undersigned prays the Court grant this motion and direct the Clerk of the Third District Court of Appeals to transfer the reporter's record filed in case number 03-15-00500-CV to the Clerk of this Court. Respectfully submitted, OFFICE OF DISTRICT ATTORNEY 33"" and 424'^ JUDICIAL DISTRICTS Wiley B. McAfee, District Attorney P. O. Box 725 Llano, Texas 78643 Telephone Telecopier (325) 247-5755 (325) 247-5274 By: Assistant District Attorney State Bar No. 03353500 g.bunyard@co.llano.tx.us ATTORNEY FOR REAL PARTY I N INTEREST WILEY B. "SONNY" McAFEE C E R T I F I C A T E OF WORD C O U N T This is to certify that the pertinent portion of this motion contains 208 words printed in Aldine401 BT 14 font as determined by the WordPerfect X7© word count tool. Assistant District Attorney iii C E R T I F I C A T E OF SERVICE This is to certify that a true copy of the above and foregoing instrument, together with this proof of service hereof, has been forwarded by EServe and by email on the 3rd day of September 2015, to M r . Tracy D. Cluck, Attorney for Relator, at tracy@tracyclucklaw.com, and by EServe . Assistant District Attorney iv