## .. 

## RECEiVED IN COURT OF CRIMINALAPPEALS 

# MAR 112015
FROM: L -**~-.>-·** -.·h. ../.j;r'.ff' ll )..,, ...Lt... ! ' -:;l 

### WRIT OFHABEAS CORPUS CERTIFIED COPIES OF POST CONVICTION

I85TH DISTRICT COURT OF HARRIS COUNTY, TEXAS DONALD WAYNE HEROD APPLICANT 

## vs. THE STATE OF TEXAS RESPONDENT 

# CAUSE #476691-B
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## . );_· ·;

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## INDEX WRIT OF MANDAMUS FROM THE COURT OF CRIMINAL APPEALS DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER CERTIFICATE OF THE CLERK

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Tima: 

# FILED Chris Daniel**Ois~rict** Cieri< 

### FEB 0

### 52015**-~Is** County, Texas By ___**-n~~---** Deputy 

## IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,858-17 IN RE DONALD W. HEROD, Relator ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 476691 IN THE 185thDISTRICT COURT FROMHARRIS COUNTY Per curiam. ORDER Relator has filed a motion for leave to file a writ ofmandamus pursuant to the original jurisdiction ofthis Court. In it, he contendsthathe filed an application for a writ ofhabeas corpus in the 185th District Court ofHarris County, that more than 35 days have elapsed, and that the application has not yet been forwarded to this Court. Inthesecircumstances, additional facts are needed. Respondent, the DistrictClerkofHarris County, is ordered to file a response, which maybe made by submitting the record on such habeas corpus application, submitting a copy of a timely filed order which designates issues to be

. investigated(seeMcCreev. Hampton, 824 S.W.2d578, 579 (Tex. Crim. App. 1992)), orstatingthat

# . • 0 

### 2 Relator has not filed an application for a. writ of habeas corpus in Harris County. Should the response include an order designating issues, proof ofthe 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 ofmandamus shall be held in abeyance until Respondent has submitted the appropriate response. Such response shall be submitted within 30 days ofthe date ofthis order. Filed: February 4, 2014 Do not publish



### :00002Belinda Hill Interim First Assistant Criminal Justice Center 1201 Franklin, Suite 600 Houston, Texas 77002-1901 

### HARRIS COUNTY DISTRICT ATTORNEY DEVON ANDERSON
Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 February 25,2015
Re: Ex parte DONALD WAYNE HEROD No. 476691-B in the 185th District Court ofHarris County, Texas Filing date: 08-27-14 Date copy ofwrit delivered to District Attorney's Basket:

### _F_£_ 8

_ 2 _5_2_0_15 __ By: L. Hernandez Dear Sir: I hereby acknowledge receipt ofa copy ofthe above-captioned post conviction application for writ ofhabeas corpus, filed pursuant to Article 11.07 ofthe Texas Code ofCriminal Procedure. Therefore, I waive service by certified mail as provided therein. I understand that I have 15 days from the date received to answer. 

### fEB 2 5 ZOf5 " +
...,,A:sslstanfDistficf·Anorney ....,··-··\·'"" Date Received Harris County, Texas



### :00003CERTIFICATE OF THE CLERK APPLICANT IN CUSTODY THE STATE OF TEXAS { IN THE 185th DISTRICT COURT COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS I, CHRIS DANIEL, District Clerk ofHarris County, Texas, do hereby certify that the foregoing

# 4 pages containtrue and correct copies oforiginal records now in my lawful custody and possession relating to cause number 476691-B including certified copies as requested from Court Order (entered on the 4TH day of FEBRAURY, A.D., 2015) and each document, the inclusion ofwhich was thereby ordered. I further certify the Applicant DOANLD WAYNE HEROD is in the custody ofthe Texas Department ofCriminal Justice Institutional Division. Witness my hand and seal ofsaid Court atHouston, Texas, on this the 4TH day of MARCH, 2015.

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