~ ` x ’)H,fzwl'©?> DAVID s. MUSGROVE 1481351 ALLRED UNIT 2101 FM 369 NORTH IOWA PARK/ TEXAS 76367 RECE\VE. lN ' ' v COURT OF CRIM\NAL APPEALS FEBRUARY 12 2015 ` FEB 1"7 2015 HONORABLE SUSAN HUGHES - ' ` Abe“ Acosta’©a€gk COOKE COUNTY DISTRICT CLERK ~ lOl SOUTH DIXON, ROOM 207 GAINESVILLE, TEXAS 76240 RE; OBJECTIONS IN CAUSE NO. CRO€-lSlB & WRIT NO. WR-74/26].-O3 Dear Ms. Hughes, Please find enclosed the applicant's objection to the states refusal to answer and failure to be in compliance,in the above listed cause number. Please also find the applicant's objection to the courts refusal to hold a hearing on controverted facts/also in the above b listed cause numbers. Please file these with the court in the above listed writ no. and forward them accordingly. I have sent a copy to the courts in Austin as listed in the attached certificate of service. Please also return a file stamped copy of both,as well as a copy of this letter/as soon as is possible,as this is a time sensitive matter. I have enclosed a self addressed postage envelope for your convinence. Your time/help/and understanding in this matter is most greatly appreciated. Thank you/and have a beautiful day! Sincerely! IN THE COURT OF CRIMINAL APPEALS OF TEXAS WRIT NO. WR-74,26l-O3 DAVID ScoTT MUSGRovE 11 § IN THE 235th DISTRICT coURT `EX PARTE ‘ §` oF cooKE coUNTY, TEXAS § Tr.ct.No. cRO€~iSlB APPLICANT'S OBJECTION TO THE CONV£CTING COURTS REFUSAL TO HOLD A HEARING ON CONTROVERTED FACTS UNDER TEX. CODE OF CRIIVI.l PROC. § ll.O7 SECTION 3(C) TO THE HQNORABLE JUDGES OF SAID COURT; Comes Now,-DAVID SCOTT MUSGROVE II, herein after referred to as the applicant/and will show the court the following in support of this/his objection to the courts failure to hold a hearing. I. _The applicant has submitted evidence that creates doubt as to the efficacy of the verdict. The state never disputed that fact,nor did :'the state deny-or oppose the allegations or claims by applicant. II. The Texas code of Criminal Procedure § ll.O7 section 3(C) states; "lt shall be the duty of the convicting court to decide whether there are 'controverted',previously unresolved facts material-to the legality of the applicant's confinement" III. If the state admits none of the matters alleged in the application for a writ of habeas corpus,they are deemed denied according to the Tex.C.C.P. art.ll.O7 3(b) yet FIF" deemed denied/then the allegations "ARE" controverted. If the controverted allegations of fact in an application for a writ of habes.corpus are material, an implicit finding pursuant to the TEXAS CODE of CRIMINAL PROCEDURE art. ll.O7 sec. 3(c) that there are no controverted,previously unresolved facts material to the legality of the applicant's confinement is obviously an abuse of discretion in the absence of a statement of facts from an evidentiary hearing or findings of fact to show that the issues have been resolved. IV. The state in this cause never disputed or denied any of the claims presented to the court. Furthermore the court never disputed the allegations presented,either by a hearing or by way of findings of fact. _ V{ Applicant therefore objects to the implicit finding by the trial court of Cooke hCOunty Texas that there were no controverted, previously unresolved facts_material to the legality of applicant' s confinement. Respe:;§ully Submitted, /j/,Z>H/m/LK/ David S. M ggrove,applicant ._E,F_OS_G page 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing objection to the convicting courts refusal to hold a hearing on controverted facts, has been sent by First class mail/postage paid to the following parties; HONORABLE sUSAN HUGHES cooKE coUNTY DISTRICT cLERK cooKE COUNTY coURTHOUSE 101 soUTH DIXON, R00M 207 GAINESVILLE, TEXAS 76240 HONORABLE ABEL ACOSTA ¢OURT OF CRIMINAL APPEALS CLERK COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION AUSTIN, TEXAS 78711 Placed in the prison mailbox/U.S. mail, on this thelmjlday of`February 2015. 1919111@ /- David S. Wgrove,prose CC;file/dsm page 3