Wtfiros
Christopher E. Wimberly
MCCONNELL UNIT - TDC#1207400
3001 South Emily Drive
Beeville, Texas 78102
OTIOSE DISMISSED
E: VW'W
February 17/ 2015
OFFICE OF THE CLERK
ABEL ACOSTA, Clerk
COURT OF CRIMINAL APPEALS
OF TEXAS
P.O. Box 12308 Capitol Station COURT
AUSTIN, TEXAS 78711
FEB 2 3 2015
RE: WR-64,017-05
Abel Acosta, Clerk
Dear Clerk:
Enclosed for your filing is Applicant's Motion to Respectfully Address
the Honorable Court of Criminal Appeals. Please file said motion and bring
to the attention of the Court.
Thank you for your assistance in this matter.
Sincerely/
Christopher E. Wimberly
APPLICANT
cc: files
WRIT NO. 64,017-05
IN THE COURT OF CRIMINAL APPEALS
AT, AUSTIN, TEXAS
EX PARTE §
§
§
CHRISTOPHER EUGENE WIMBERLY, §
Applicant- §
APPLICANT'S MOTION TO RESPECTFULLY ADDRESS THE
HONORABLE COURT OF CRIMINAL APPEALS
NOW COME Christopher E. Wimberly/ Applicant/ Pro Se in the above-styled
Number Cause/ and moves the Court pursuant to 11.07, Section 3/ Code of Crimi
nal Procedures, and present as follows:
I.
JURISDICTION
The Applicant contends that this Honorable Court of Criminal Appeals
has jurisdiction to hear this Motion to Respectfully Address the Honorable
Court of Criminal Appeals/ according to Texas Code of Criminal Procedures,
Article 11.07, and it's Section. To Remand said Writ No. 64,017-05:.to the
convicting Court (27th Judicial District Court of Bell County, Texas, to
act in according with Code' of Criminal Proc./ Sec. 8/ Finding of Facts.
II.
STATEMENT OF THE FACTS
On September 25/ 2014, Applicant submitted to the 27th Judicial District
Court of Bell County, Texas, his Application for Writ of Habeas Corpus, with
exhibits. Certified Mail #7012-3460-0001-3279-4009.
On October 7, 2014, the State of Texas filed it's State's Answer.
On October 20/ 2014, Applicant responded to State's Answer, "Applicant's
lof 2
Traverse to State's Answer.. Certified Mail #7013-3020-0000-0350-2059.
On February 12/ 2015/ Applicant received notification that his Applicat
ion for 11.07/ Writ of Habeas Corpus has been forward/received and presented
to the Court of Criminal Appeals without a Finding of Facts and Conclusion
of Law.
On February 17/ 2015/ Applicant submits his Motion to Respectfully
Address the Honorable Court of Criminal Appeals.
III.
ISSUE PRESENTED
Applicant brings this motion, asking the Honorable Court to REMAND
his WR-64,017-05, to the 27th Judicial District Court for disposition under
11.07, Sec. 8. Applicant Writ has shown that he is 'Actual Innocence1, and
provided undisputed evidence of such. Therefore, the non-action taken by
the District Court has denied applicant due process riqhts to be heard.
Moreover, the District Court provides no Finding of Facts for consider
ation- before this Court of Criminal Appeals. See Eli Lilly & Co. v. Marshall/
829 S.W.2d 157, 158 (Tex.Crim.App. 1992).
PRAYER
WHEREFORE, CONSIDERED, Applicant prays that this Honorable Court REMAND
to the 27th Judicial District Court of Bell County, Texas, to act in according
with 11.07, Sec. 8, without further delay. Applicant respectfully pray this
Court GRANT Applicant Motion to Respectfully Address the Honoronable Court
of Criminal Appeals/ or in the alternative all deem necessary as a matter
of law..
Respectfully submitted/
Christopher E. Wimberly [y
McConnell Unit-#1207400
2 of 2 3001 S. Emily Dr.
Beeville, Texas 78102