IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,506-01
IN RE LEEROY CESAR CARBALLO, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 1097497-A IN THE 179TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
The Court abated Relator’s motion for leave to file a writ of mandamus for a response to his
claim that he mailed an “amended/supplemented application for writ of habeas corpus” in November
2013, and has received no confirmation that the District Clerk filed the documents. The Respondent,
the District Clerk of Harris County, responded with proof of service of the original 11.07 habeas
corpus application to the District Attorney and an order designating issues from October 2011.
The mandamus record now shows that 180 days have passed since the State received the writ
application. Respondent is ordered to submit the record on the habeas corpus application. TEX . R.
APP . P. 73.5. The Respondent is also ordered to state whether they received an
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“amended/supplemented application for writ of habeas corpus” from Relator in November 2013,
and, if so, to include it in the 11.07 record.
This motion for leave to file a writ of mandamus shall be held in abeyance until the
Respondent has submitted the appropriate response. Such response shall be submitted within 30
days of the date of this order.
Filed: November 25, 2015
Do not publish
Carballo, Leeroy Cesar
Combined Opinion