Duran, Carlos Alberto ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,477-01
IN RE CARLOS ALBERTO DURAN, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NOS. 883673, 883677 & 883680
IN THE 351ST DISTRICT COURT
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 351st District Court 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 copies of timely filed orders which designate issues to be
investigated (see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that
2
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 and that the 180-day time frame set out in TEX . R. APP. P. 73.4(b)(5) has not
expired 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: October 18, 2017
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