Smith, James Dalton ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,797-01
EX PARTE JAMES DALTON SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W401-82195-2015-HC IN THE 401ST DISTRICT COURT
FROM COLLIN COUNTY
Per curiam.
ORDER
Applicant filed this application for a writ of habeas corpus in the county of conviction, and
the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. Under Article
11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this Court,
among other things, “the application, any answers filed, any motions filed, transcripts of all
depositions and hearings, any affidavits, and any other matters such as official records used by the
court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record at
this Court appears, however, to be incomplete. According to Applicant, since his writ record was
forwarded to this Court, he has filed an amended writ and/or an amended brief.
The district clerk shall either forward to this Court Applicant’s amended writ and/or his
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amended brief or certify in writing that these documents are not part of the record. The district clerk
shall comply with this order within thirty days from the date of this order.
Filed: May 12, 2021
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