Pegues, Jason Tyrone

131 MR. JASON T. PEGUES #728196 HUNTSVILLE UNIT 815 12th STREET HUNTSVILLE, TEXAS 773&8 reh/wqu 092,, 201 5 cc/file: TO; COURT OF CRIMINAL APPEALS BOX 12308 CAPITOL STATION AUSTIN, TEXAS 78711_ RE: Ex Parte JASON TYRONE PEGUES cAUSE No;9a-DcR-026185 Hca DEBR MADAM/SIR: ,_?H» '7(.02"0‘-/ CORECEWED E?\E COURT OF CF{IM|NAL APPEALS FEB 05 2015 AWACMC§@¢< PLEASE FIND ENCLOSED A NOTICE TO THE COURT BY THE APPLICANT IN REFERENCE TO THE ABOVE MENTIONED CAUSED NUMBER. IF YOU WILL PLEASE PLACE THE ENCLOSED TN THE FILE 0F SAID CAUSE NUMBER SO THAT IT MAY BE PRESENT AND TAKEN INTO CONSIDERATION UPON RULING THE CURRENT APPLICATIOB THANK YOU FOR YOUR TIME AND ASSISTANCE. THE APPLICAN °#ZZY/%e 1#728196 cause no.94-DCR-026185 HCA 1 of_l -wR-74,762-03 CAUSE N0.94-DCR-026T85 HC& IN_THE COURT OF CRIMINAL APPEALS Ex parte JASON T. PEGUES IN AUSTIN, TEXAS 000£00<00<0!¢0°¢01003¢0>¢0>¢0)¢0)609 * NOTICE TO THE COURT * TO THE HONORABLE JUDGE OF SAID COURT: THE APPLICANT,JASON T. PEGUES #728196, WOULD LIKE TO BRING TO THIS HoNoRABLE coURT's ATTENTION THE FoLLowING so THAT THE APPLICANT wILL'NoT FALL UNDER»_ABUSE 'oF wRIT, As wELL As BRIl\IGIN.c-‘l NoTIcE To THE coURT THAT THE APPLI¢ANT'$ SUBSEQUENT APPLICATION Is UNDER THE UMBRELLA oF HIS INITIAL APPLICATIoN(wR-7a,762-03,'wHIcH wAs DENIED wITHoUi wRIiTEN 0RDER oN Aggg§;_gligglg). THIs sUBsEQUENT APPLICATION IS PURSUANT TO RULES OF APPELLATE PROCEDURE,RULE79.2(d), WHICH IS ALSO IMPLEMENTED IN THE SUBSEQUENT'S MEMORANDUM, REQUESTING AND SUGGESTING THIS HCNORABLE COURT TO REVIEW THE CONSTITUTIONAL LEGITAMACY OF THE APPLICANT'S CONVICTION, AS THE APPLICANT CHALLENGES THE JUDGEMENT OF SENTENCE IN CAUSE NO.26185,(EX parte MORENO,Z&S S.W13d I. THIS SUBSEQUENT APPLICATION PRESENTS NEW CREDIABLE, CRITICAL, CLEAR and CONVINCING EVIDENCE THAT WAS NOT AVAILABLE BEFORE APPLICANT'S INITIAL APPLICATION WAS FILED, WHICH IS ALSO LEGALLY IMPLEMENTED IN THE NATURE OF PROCEEDING OF THE SUBSEQUENT'S MEMORANDUM, CONTAINING ;*l l SUFFICIENT SPECIFIC FACTS ESTABLESHING THAT THIS NEW EVIDENCE WAS `NOT AVAILABLE BEFORE APPLICANT'S INITIAL APPLICATION WAS FILED, THE NEW EVIbENCE WILL PRdVE BEYOND A REASONABLE DOUBT THAT APPLICANT'S SUBSTANTIAL RIGHTS PURSUANT TO FEDE§AL RULES OF CRIMINAL PROCEDURE(SZb) WERE AFFECTED AND HIS CONSTITUTIONAL RIGHTS WERE VIOLATED ALONG WITH. FAMILY CODES AND PARENTAL NOTIFICATION REQUIREMENTS. DUE TO THIS NEW EVIDENCE AND SUPPORT BY STATE, FEDERAL, AND SUPREME COURT, THE- APPLICANT CAN ASSURE THAT REVIEWING AND ADJUDICATING THE MERITS OF THE APPLICANT'S CLAIMS AND ISSUES IN THIS CASE WILL NOT BE A 'Q WASTE OF THIS HONORABLE COURT'S TIME, FULLY RESPECTING AND PURSUANT TO RULES OF APPELLATE PROCEDURE, RULE 79.2(d), VERNON'S ANN.TEXAS C.C.P. art.11.07 (EX parte MORENO, 245 S.W.3d 419 (TEX.CRIM.APP.ZOO8). II. THE REsPoNDENT RESPoNDED oN g§g§g§§§_ggigglg, AND THE APPLICANT RECEIVED THE RESPoNDENT's ANswER oN gé§g§§§_liggl§, AND IMMEDIATELY JTHE APPLICANT OBJECTED. ATTACHED TO THIS NOTICE IS A COPY OF THE APPLICANT oBJEcTING To THE RESPoNDENT's ANSwER wHIcH wAs FILED oN gé§gégg_§£giggl§, AND wouLD LIKE To ALSo sHow THIS HoNoRABLE coURT THE FoLLowING so THAT THE APPLIcANT_wILL NoT FALL UNDER- ABUSE oF wRIT(Ex parte MARTINEZ 233 s.w.3d 319 (TEX.cRIM.APP.2007).= THE APPLICANT'S FIRST Two APPLICATIONS wERE PERTAINING To PRE-SENTENCE JAIL-TIME cREDIT. THE APPLIcANT'S THIRD APPLICATION IN wHIcH UMBRELLA'S THIS SUBSEQUENT APPLICATIGN, ls BASED oN THIS HONORABLE coU§T coMPLETELY ovERRULIN¢ THE DeGarmo DocTRINE IN wHIcH THE APPLICANT wAS coNVIcTED AND SENTENCED dNDER. THE APPLICANT coULD NoT HAVE PRESENTED THE CLAIMS AND ISSUES MENTIONED IN HIS THIRD APPLICATION, IN HIS SECOND APPLICATION, BECAUSE THE LAW HAD NOT YET cHANGED(THfS HoNoRABLE coURT HAD NoT coMPLETELY ovERRULED THE Decarmo DocTRINE); (sEE LEDAY v; sTATE at part Iv 95.729 (TEx.cRIM.APP.1998)). IN THE,RESPONDENT'S ANSwER,,THE RESPoNDENT ATTEMPTED To DERAIL THE coURT BY AccUsING THE APPLICANT oF FILING FoUR APPLICATIONS ABoUI THE sAME ISSUE, wHIcH Is NoT TRUE, So THE APPLICANT DID oBJEcT. IN THE APPLICANT's SUBSEQUENT wRIT, APPLICANT DID NoT PRESENT ANY NEw cLAIHS, APPLICANT oNLY USED THE NEw EVIDENCE AND sUPPoRT BY sTATE, FEDERAL, AND sdPREME coURI cASES To`PRoVE BEYoND A REASONABLE DoUBT ALL THE CLAIMS AND ISSUES THAT WAS PRESENTED IN APPLICANT'S INITIAL APPLICATION. III. THIS SUBSEQUENT APPLICATION IS PURSUANT TO RULES OF APPELLATE PROCEDURE, RULE 79.2(d), REQUESTING ANb SUGGESTING THIS HONORABLE COURT TO REVIEW THE CONSTITUTIONAL LEGITAMACY OF THE APPLICANT'S CONVICTION ALTHOUGH THE APPLICANT IS ONLY CHALLENGING THE JUDGEMENT OF SENTENCE IN CAUSE No.g§l§§. THE APPLICANT CAN ASSURE THAT REVIEWING AND ADJUDICATING THE MERITS OF THE APPLICANT'S CLAIMS AND ISSUES IN THIS CASE WILL NOT BE A WASTE OF THIS HONORABLE COURT'S TIME. £BAX§§ WHEREFORE, PREMfSES CONSIDERED, THE APPLICANT PRAYS THAT THIS COURT WILL CONSIDER THIS NOTICE TO THE COURT IN REFERENCE TO THE APPLICANT'S SUBSEQUENT APPLICATION . \sUBMIITED, /’ @ A§B§ TT ngUEs #728196, THE APPLICANT= CERTIFICATE OF SERVICE l,JASON T. PEGUES #728196, HEREBY CETIFY THAT A TRUE AND CORRECT AND ORIGINAL APPLICANT*S NOTICE TO THE COURT HAS BEEN MAILED Via U.S.POSTAL SERVICE TO THE CLERK OF THE COURT OF CRIMINAL APPEALS, BOX12308, _3_ cc/file: CAPITOL STATION, AUSTIN, TEXAS 78711, FOR FILING AND TO BE PRESENTED TO THE SAID COURT. sIGNED oN THIS 62¢4, day ofF@Ar ES #728196 815 12th STREET HUNTSVILLE, TEXAS 77348 INMATE DECLARATION I,JASON T§ PEGUES #728196, PRESENTLY INCARCERATED IN WALKER COUNTY, TEXAS HEREBY DECLARE UNDER THE PENALTY OF PERJURY THAT THE AFOREMENTIONED IN THE/THIS NOTICE TO THE COURT IN REFERENCE TO THE APPLICANT'S SUBSEQUENT APPLICATION (94-DCR-026185 HCA) IS TRUE AND CORRECT. sIGNED oN,THIs Q’Z"”[, day of /-@bm_q§z,zols. JAsoN’T. §ggUEs #728196 815 12th`sTREET HUNTSVILLE, TEXAS 77348 THE APPLICANT= CAUSE N0.9&~DCR~026185 HCA JASoN T. P§suzs 3723196 THE zoo:h oxsrnzc§ coeur PET!TIGNER» , Va¢ op "\-»`__,»..~b,_` z § ,i THE STATE OF TEXAS FORT BEND CDUNTY, TEXAS RESPQNDENT emi=mw»canmm\m¢mc:nm¢m PETITIONER'S OBJBCTION TO BESPONDENT'S ANSWER UNBEE TEXAS RULES OF APPELLATE PROCBDURB 33.1 TO THE HONORABLE JUDGE QF SAID COURT: COMES NQW,JASGN T. PEGUES #728195, PETITIONER, ?v$-se, IN THE ABO'E ST¥LED AND NUMBERED CAUSE OF ACTION RESPE£TFULLY SUBMIT THIS PETITIONER*S OBJECTION TO THE RES?ONDENT°S ANSWER UNDER TEXAS §ULES GF A?PHLLATE PRDCEDURR 33.1 AND WOULD LIKE TQ SHOW THE HONORABLE‘ COURT THE FULLGWING: PBOCEDUKAL BISTOBY PETITIoNER FrLEo en APPLchrxou von HABEAS coayus suasEQuENT wait 11.07 rs nzrzuencs To PETITIomER's rsrTIAL aPpLIcATION on g§g§§§§§_;;&gglg. PRESENTIWQ THE nxAcT cLArms THAT was IN run INITIAL AP?LICATIoN. THE sueszoueur MEMQRANBUM PRESENTE» §§g_§g§g;égg§; cnx'rxcm.1 cLEAn and couvxnclmc Evruzwce THAT wAs ser AvAILABLE BEFoRE THE INiTIAL avvacarzom was Fxnnn. wzmrrxouan's Rzouzsr rs sga a msu PUNISHMENT HEARING, SPECIFICALLY REQUESTIHG TIME-SERVED FOR RELIEF BASED ON THE OVERRRULING OF THE DeGarmo DOCTRINE, IN WHICH THE PETITIONER/AP§LICANT WAS SENTENCED UNDER. THE RESPONDENT RESPONDED 0N»11§§1111_121;912> STATEMENT OF FACTS .THE;PETIrIoNER REcEIvEn THE REsPoNDENT's ANswER oN §§§gé§g;l&ggl§ IN REGARDS 10 THE PETITIoNER’s sUBsEQUENT APPLICATI§N wRIT 11307. §QBASED oN THE REsPoNDENT!s ANswER, THE PETITIoNER rs oBJEcTING 10 MULTIPLE sTATEMENTs THE REsPoNnENT EXPRESSED, so THAT.THIS HONORABLE couRT wliL NoT BE bERA1LED FRoM THE Focus oF'THE~APPLIcATIoNVs MoTIvE AND PdRPosE, I. IN APPLICANTFS INITIAL wRIT APPLICATIoN; APPLICANT AssERTED THAT THE APPLICATIQN wAs BEING'FILED PuRsuANT 10 THE PRovlsIoNs qF ARTxcLE 11.073(b),sEc.h(a> (1> (b>; a, A couRT MAY NoT codsIDER THE MERITS oF on GRANT RELIEF`§ASED oN roe suBsEQuENT EsTAnLIsHINc THAT= (1) and (2)...AccoRD1Nc 10 THE nEsPoNDENT's ANswEn oN PAGE 6. THE NEw EVIDENCE THAT 15 PRESENTED 1N THE APPLICANT's suBsEQUENT wRIT