Opinion
WR-95,270-01
12-06-2023
IN RE TERRY RHOADES, Relator
Do not publish
On Application for a writ of Mandamus Cause No. 20-02-02384-CR(1) in the 435th District court from Montgomery County
ORDER
PER CURIAM.
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He contends, in relevant part, that on Aug. 24, 2023, the trial court entered an order designating issues (ODI). It appears that the district clerk failed to immediately transmit to this Court a copy of the ODI and proof of the date the DA received the application. Rule 73.4(b)(2).
Respondent, the District Clerk of Montgomery County, shall immediately transmit to this Court a copy of the trial court's ODI together with correspondence documenting the date the State received Relator's habeas application, or shall state that no ODI was entered. See TEX. CODE CRIM. PROC. art. 11.07, § 3(c) and (d); TEX. R. APP. P. 73.4(b)(2), (5). This motion for leave to file will be held. Respondent shall comply with this order within thirty days from the date of this order.