Craft, Kenneth Leon ( 2014 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS  

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NO. WR-51,831-02

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IN RE KENNETH LEON CRAFT, Relator

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. CR22080 D IN THE 142^ND DISTRICT COURT

FROM MIDLAND COUNTY

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            Per curiam.

O R D E R

            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 an application for a writ of habeas corpus in the 142nd District Court of Midland County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Although Relator alleges that the trial court entered an order designating issues on July 10, 2013, this Court has no record of such order and Relator does not provide a copy of the order with his application.

            In these circumstances, additional facts are needed. Respondent, the District Clerk of Midland County, is ordered to file a response, which may be made by submitting the record on such habeas corpus application, submitting a copy of a timely filed order which designates issues to be investigated (see McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992)), or stating that Relator has not filed an application for a writ of habeas corpus in Midland County. Should the response include an order designating issues, proof of the date the district attorney’s office was served with the habeas application 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: January 15, 2014

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