SZ @/‘/-~©§ Henry Earl Ester SPN-00585294-4E3 701 N. San Jacinto St. Houston, Texas 77002 December 30, 2014 Court of Criminal Appeals Court Clerk: RE: 13DCR-065003HC1. Ex Parte: Henry Earl Ester, Distn'ct Court No. Notice of Question of First Impression. Dear Clerk, Enclosed, please find my Notice and brief response to the trial courts' finding of facts and conclusion of law. Please tile, and or attach the same to the record submitted by the District Clerk of Ft. Bend County, and return a file marked copy of the same to me as addressed above in the SASE enelosed. Thank you for your immediate assistance and consideration in this matter. I await your kind response. Sincerely W>MQQM Earl ster cc: Eled, States Attomey RECE|VED lN couRT oF cRerNAL APPEALS JAN 14 2015 Abel Acosta, Clerk CAUSE NO DISTRICT COURT WRIT NO. l3=DCR-065003HC1 EX PARTE: HENRY EARL ESTER . PETITIONER IN TI~IE TEXAS COURT OF CRIMINAL APPEALS QUESTION OF FIRST IMPRESSION Posed on petition for a writ of habeas corpus pursuant to Art. 11.07 T.C.C.P Henry Earl Ester Pro Se SPN. 00585294 - 4E3 701 N. San Jacinto Houston, Texas 77002 CAUSE NO. DISTRICT COURT WRIT NO. l3-DCR-065003HC1 Ex PARTE ) lN THE TEXAS CoURT ( OF HENRY EARL ESTER ) cRIMlNAL APPEALS NOTICE OF QUESTION OF FIRST IMPRESSION AND BRIEF RESPONSE TO THE TRIAL COURTS’ FINDING OF FACT AND CONCLUSION OF LAW TO THE HONORABLE COURT OF CRIMINAL APPEALS: NOW COMES Henry Earl Ester, petitioner in the above styled cause and files this Notice that before it comes what he believes to be a Question of First Impression in which he relies on the court to address, and/or settle the matter, and grounds and in support thereof would show the court the following: PROCEDURAL HISTORY OF WRIT On 12/2/14, petitioner filed with the Ft. Bend County district Court Clerk his application for a writ of habeas corpus pursuant to Art. l 1.07 T.C.C.P., alleging that the trial court was deprived of jurisdiction through the improper termination of it’s charging instrument ie indictments (See petitioners’ writ page l, 2, and 3. The State filed its response without addressing the claim on the merits, and the trial courts’ findings of fact and conclusion of law both being filed at the same time and on 12/16/14/failed to address the matter of jurisdiction and on the law regarding the legal procedure for re-indictment of an accused while incarcerated NOTICE OF QUESTION OF FIRST IMPRESSION The State of Texas, and/or its attorneys of Ft. Bend County, Texas appear to be under the impression that it can seek a re-indictment of an accused while its original indictment still has full force and effect , and therefore is able to hold multiple indictments over the head of an accused. Petitioner is a layman, but even ii'om a layman’s prospective, there can be found a fundamental due process and equal protection violation of the US Constitutiog, and moves this court to stop the Ft. Bend County DA’s oflice from fits constitutional violations. PRAYER WHEREFORE, petitioner prays the Honorable Court will after due consideration . .find that there are facts unresolved, and set this case for submission wherein it will find that petitioner’s conviction and sentence is void, enter an order to the district court to vacate the same with prejudice. l-Ienry Earl er Pro Se | CERTIFICATE OF SERVICE Petitioner has by US Mail served on the Attomey for the State a true and correct copy of the /Henry EarlCEster foregoing.