Sims, Kelton Karron ( 2014 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-80,149-01

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IN RE KELTON KARRON SIMS, Relator

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ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. W-11-21641-I (A) IN THE CRIMINAL DISTRICT COURT #2

FROM DALLAS COUNTY

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            Per curiam.

O R D E R

            Relator has filed a motion for leave to file an application for 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 Criminal District Court #2 of Dallas County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court.

            On October 23, 2013, this Court held in abeyance and ordered the Dallas County District Clerk to respond as to why Relator’s habeas application had not yet been forwarded to this Court. On November 15, 2013, this Court received a response from Dallas County, indicating that the District Attorney had been served with a copy of Relator’s habeas application on March 21, 2013, and that the trial court entered a timely order designating issues on April 8, 2013. Relator’s habeas application still has not been received by this Court.

            Respondent, the Judge of the Criminal District Court #2 of Dallas County, shall file a response with this Court by having the District Clerk submit the record on such habeas corpus application. In the alternative, Respondent may resolve the issues set out in the order designating issues and then have the District Clerk submit the record on such application. In either case, Respondent’s answer shall be submitted within 30 days of the date of this order. This application for leave to file a writ of mandamus will be held in abeyance until Respondent has submitted the appropriate response.

Filed: January 15, 2014

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