Denby, Donis Lemond ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-74,190-04
IN RE DONIS LEMOND DENBY, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 8512 IN THE 259TH DISTRICT COURT
FROM JONES 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 an application for a writ of habeas corpus
in the 259th District Court of Jones County, that more than 35 days have elapsed, and that the
application has not yet been forwarded to this Court.
In these circumstances, additional facts are needed. Respondent, the District Clerk of Jones
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
2
Relator has not filed an application for a writ of habeas corpus in Jones County. Should the response
include an order designating issues, proof of the date the district attorney’s office was served with
the habeas application 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: September 25, 2019
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