Byrd, Alton Von

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TDCCJ-CID # 369071
Polunsky Unit
3B72 F.M. 350 South
Livingston, Texas 77351

December 1&, 2017

RECEIVED IN
COURT OF CRIMINAL APPEALS
Ms. Deana Williamson, Clerk
Texas Court of Criminal Appeals
P.O. Box 1230B
Austin, Texas -78711 DEC 22 2017
RE: Motion For Leave To File
Petition For Writ of Mandamus and
Petition For Urit of Mandamus Deana Williamson, Clerk
Dear Ms. Williamson :

Enclosed, please find the Motion For Leave To File Petition
For Writ of Mandamus, Petition For Urit of Mandamus and Certificate
of Service. Please "file" and present each of the same to the
Court of Criminal Appeals.

Thank you for your most kind attention and consideration in
this matter.

Sincerely,

Alton Von By?d
cc : File
Writ No.

ALTON VON BYRD, § IN THE TEXAS COURT OF
Realtor, §
Us- § CRIMINAL APPEALS
§
CARMEN BROWN, District Clerk, § TRAVIS COUNTY, TEXAS
San Augustine County, Texas, §
Respondent. §

PETITION FOR WRIT OF MANDAMUS

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, ALTON VON BYRD, realtor, pro-se , uho makes and

files this his Petition For Writ of Mandamus. He would respect
fully show in support:

I.

STATEMENT OF THE CASE

Realtor BYRD filed ("mailbox rule"), his Article 11.07, Texas

Code of Criminal Procedure, Application for Post-Conviction Writ

of Habeas Corpus on the Texas Court of Criminal Appeals' approved

form, with supporting Memorandum of Laud In Support and Exhibits A
and B, by United States Mail, Certified, Return Receipt Requested,

Receipt Number 9590 9402 -ZSS& 6336 8980 95, on JSts=^eTTrfe=SS=Q3, 2017

with Respondent CARMEN BROWN, District Clerk of San Augustine
County, Texas.

II.

RESPONDENT'S STATUTORY DUTY

Respondent BROWN has a statutory duty under authority of

Section 3(c), Article 11.07, Texas Code of Criminal Procedure to

transmit a copy of the application, any answers filed and a cert

ificate reciting any finding of the trial court absent the trial
court's order designating issues or the expiration of 35 days.

This duty is ministerial in nature and does not requried the ex

ercise of any discretion on the part of Respondent BROWN.

The statute controls over the Texas Rules of Appellate Pro

cedure, Rules 73.4(b)(5) and 73.5 as the trial court failed to

issue an .order designating issues.

III.

NO OTHER ADEQUATE REMEDY AT LAW

Realtor BYRD has no other adequate remedy at law other than

the writ of mandamus.

IV. '

PRAYER

WHEREFORE, PREMISES CONSIDERED, Realtor BYRD moves and prays

that this Honorable Court grant him relief and order the writ of

mandamus to issue.

Respectfully submitted, this \tftf, day of "4-)eC^ rfvLP^LP ,
2017.

ALTON VON BY^D
TDCZI-CID #36^071
Polunsky Unit
3.B7 2 F.M. 350 South
Livingston, Texas 77351

Realtor, Pro-se
CERTIFICATE OF SERVICE

I herein certify that on this day, that I have deposited

true and correct copy of the Motion For Leave To File Petition

For Writ of Mandamus and Petition For Writ of Mandamus, in the

United States Mail, postage pre-paid, certified, return receipt

requested, receipt number: 9.C90 9^ol ILfl* L.13L> #<}£( f) I
addressed to Ms. CARMEN BROWN, District Clerk, San Augustine County,

100 West Columbia Street, Room 202, San Augustine, Texas 75972.

Signed this jj> U day of f),*r^h<?r , 2017.

fl/fa Vfik&
ALTON VON
TDCD-CID 369071
Polunsky Unit
3872 F.M. 350 South
Livingston, Texas 77351
Writ No

ALTON VON BYRD, IN THE TEXAS COURT OF
Realtor ,
Vs CRIMINAL APPEALS

CARMEN BROWN, District Clerk, TRAVIS COUNTY, TEXAS
San Augustine County, Texas,
Respondent.

ORDER

BE IT REMEMBERED, that on this day came on to be heard the

Realtor ALTON VON BYRD's Motion For Leave To File Petition For

Writ of Mandamus. After due and deliberate consideration of the

Motion, it is the opinion of this court that the motion is hereby

GRANTED Denied

SIGNED AND ENTERED, this day of

201

JUDGE, Texas Court of Criminal
Appeals, Travis County, Texas