yjt-ZZ^Sl-Oi JSSHSSSEO *B'. 'l/U A<5 Trlal Cause No- 818904 EXPARTE JORGE V. PORRAS § IN THE CRIMINAL APPEALS § § COURT Of TEXAS —— S^F^g MOTION FOR REHEARING ©®|$ftTOFCRIMINALAPPEALS FEB 05 2Mb TO THE HONORABLE SAID: Now Comes Jorge V. Porras, Applicant, pro-se, in the above styled an and files His "Motion for Rehearing" and will respectfully show the Court the following: Applicant's 11.07 Writ was denied without written order on January 14, 2015. II 1. On an Actual Innocence claim, this Honorable Court must review the writ; the indictment reads that applicant caused the death of the victims, affidavits from eyewitnesses and an F.B.I, agent, as well as all evidence, points to another person who caused the death. i 2. On a Capital case the defendant cannot waive the right to a jury trial - implying that only a jury can find one guilty in a capital case. Not the trial court, or a confession. Therefore applicant's confession is not good for a capital case. Let's not forget that due to all the affidavits pointing to the real murderer, we have a confession without evidence to support the confession as law now requires and as pointed out in applicant's 11.07 writ. 3. This court is designed to review cases where one is restrained illegally of his liberty. Applicant waived his right to a jury trial in a capital case for a capital life. Therefore his sentence is void and null - the trial court had no jurisdiction to act as a court and ask the applicant to waive a jury trial for capital murder and a capital life. CONCIUSION Applicant is restrained illegally of his liberty and this Honorable Court is asked to please reconsider and review this 11.07 writ where all the law and argument are laid out. PRAYER WHEREFORE, PREMISES CONSIDERED, the please search for the truth and give out mercy mixed with justice. Applicant prays that this Motion be granted. For this applicant prays. Jorge V. Porras, TDCJ# 886022 Darrington Unit 59 Darrington Rd Rosharon, TX 77583 VERIFICATION I, Jorge V. Porras, TDG#886022, being presently incarcerated at the Darrington Unit of the Texas Department of Criminal Justice - ID, Brazoria County, Texas, verify and declare under penalty of perjury pursuant to V.T.C.A. Civil Practice and Remedies Codes §§ 132.001 and 132.003 that the foregoing statements are true and correct. EXECUTED on this 28th day of January, 2015. 'i^ cy^~- I