RECEIVED NOV 1 2 2015 COURT OF APPEALS SECOND DISTRICT OF TEXAS fi/oV~l~$Q& DEBRASPISSKTCUERK" x£Aff*£US_ —FILED *M20URT0F APPEALS .SECOND.DISTRICT OF TEXAS NW_U„2015 -&£*& 9CGQ PEBRASPISAKlQl.ERK SaeiMbeik, 7* *2Al$& #£!o3-l£-OC&3 34,3£. 36, 3* - ctf JZ>? co^-s&LLyvoUr acJoher Zj SolSJeHer -jo &?€„ __X / / — * -X Xm re^AiWj a be/iQL uKkfrcuoJ-to At?\ &or& oroduti^vp ca/iJ 'i/j jhe__ —%/7Qem\>jf Bama fc>. QnsMcB^ J3^6,260 Ro'kerkfon l//)/t- miLFJkLlsQQ A^rhne, TX 7-ft£ff/ &&sJL$XSi£!^j!S^l&f$i^ Court of Appeals Second District of Texas CHIEF JUSTICE CLERK TERRIE LIVINGSTON tim curry criminal justice center DEBRA SPISAK 401 w. belknap, suite 9000 JUSTICES fort worth, texas 76196-0211 CHIEF STAFF ATTORNEY LEE ANN DAUPHINOT LISA M. WEST ANNE GARDNER TEL: (817) 884-1900 SUE WALKER GENERAL COUNSEL BILL MEIER FAX: (817) 884-1932 CLARISSA HODGES LEE GABRIEL BONNIE SUDDERTH www.txcourts.gov/2ndcoa October 2, 2015 Baron D. Bostice Robertson Unit #1346260 12071 FM 3522 Abilene, TX 79601 RE: Court of Appeals Number: 02-15-00333-CR, 02-15-00334-CR, 02-15-00335-CR, 02-15-00336-CR, 02-15-00337-CR Trial Court Case Number: 0957231D, 1001707R, 1001711R, 1001712R,1001713R Style: Baron D. Bostice v. The State of Texas The court has received copies of the notices of appeal in these cases. See Tex. R. App. P. 25.2(c), The court is concerned that it lacks jurisdiction over these appeals because the trial court has not entered any appealable orders. The denial of a request for the appointment of counsel to assist in filing a motion for postconviction DNA testing generally is not an appealable order. See Gutierrez v. State, 307 S.W.3d 318, 323 (Tex. Crim. App. 2010). Unless you or any party desiring to continue the appeals files with the court, on or before Monday, October 12, 2015, a response showing grounds for continuing these appeals, these appeals may be dismissed for want of jurisdiction. See Tex. R. App. P. 43.2(f), 44.3. 02-15-00333-CR October 2, 2015 Page 2 Respectfully yours, DEBRASPISAK, CLERK By: Bonnie Alexander, Deputy Clerk cc: Court Reporter, 396th District Court Tim Curry Criminal Justice Center 401 W. Belknap, 6th Floor Fort Worth, TX 76196-0248 Criminal District Clerk, Tarrant County Tim Curry Criminal Justice Center 401 W. Belknap, 3rd Floor Fort Worth, TX 76196-0402 Debra A. Windsor Assistant District Attorney 401 W. Belknap St. Fort Worth, TX 76196-0201 Hon. George William Gallagher Judge, 396th District Court Tim Curry Criminal Justice Center 401 W. Belknap, 6th floor Fort Worth, TX 76196 TARRANT COUNTY Thomas A. Wilder District Clerk September 25,2015 Baron D. Bostice TDCJ# 1346260 French M. Robertson Unit 12071 F. M. 3522 Abilene, TX 79601 Dear Mr. Bostice, In reference to your Notice of Appeal your attention is needed. I need for you to sign the attached Trial Court Certification of Defendant's Right of Appeal there are five, one for each case. I have highlighted the signature line for you to sign and have included a postage paid envelope to return the forms to me. It is extremely important for you to do this as quickly as possible for your appeal to be considered by the Second Court ofAppeals. Thanks so much for your cooperation. Sincerely, Kelley Turner Lead Appeals Clerk 401 W. BELKNAP, FORT WORTH, TEXAS 76196-0402 (81?) 884-1574 -A Tarrant County District Clerk c/o Thomas A. Wilder 401 W. Belknap o *^fc^ Fort Worth, TX 76196 AUG 18 20% 2015 V&UJY REINSTATE OF TEXAS VS. BARON D. BOSTICE rCause Nos. 1001707R, 1001711R, 1001712R, 1001713R, 0957231D APPEAL NOTICE Deaf Clerk, Please find enclosed for filing pursuant to the above-styled and numbered causes the original DEFENDANT'S FIRST MOTION FOR APPOINTMENT OP COUNSEL FOR HABEAS CORPUS, UNDER TEXAS FAIR DEFENSE ACT, ARTICLE 1.051 V.A.C.C.P. Please file said motion end present said motion to the Court for hearing and disposition, at your soonest opportunity. Please also keep me timely informed of all actions pertaining to, and the status of, said notion* I am also enclosing a copy of this ooverletter to be filestamped and returned to me by your office. Thank you for your time and kind assistance in this matter. Sincerely, Baron D. Bostice TDGTNO. 1346260 French M. Robertson Unit 12071 FN 3522 Abilene, TX 79601 Defendant/Movant, pro se BDB / file enclosure STATS «• eoSTtCE, 0tft*i lit Mtn for Appntant of Hrtoat Counsel - CovorUttor Nos. 0957231,1001707,1001711,1001712 & 1001713 THE STATE OFTEXAS § IN THE 396th JUDICIAL § v. § DISTRICT COURT § BARON D. BOSTICE § TARRANT COUNTY, TEXAS ORDER DENYING APPLICANT'S REQUEST FOR COUNSEL The Court has before it Applicant's request for appointment of counsel to assist him with investigating and filing an application for writ of habeas corpus under Article 11.07 ofthe Texas Code of Criminal Procedure. The Court DENIES Applicant's present request for appointed counsel. The Clerk of the Court is ORDERED to send a copy of this order to Applicant at his current known address, and to the Post-Conviction Unit of the Tarrant County Criminal District Attorney's Office. SIGNED AND ENTERED this /I dayof August 2015. PRESIDING JUDGE Q 396th JUDICIAL DISTRICT COURT TARRANT COUNTY, TEXAS BARON D. BOSTICE # 1346260 French M. Robertson Unit, 12071 P.N. 3522, Abilene, Itexas 79601 September 6, 2015 rcj Thomas A. Wilder f^ Tarrant Oounty District dark ^ 401 W. Belknap Fort tibrth, Texas 76196 RE: Motion For Reconsideration - To 396th District Court Dear Clerk: Enclosed please find my pro se MOTION FOR RECONSIDERATION AND REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW. I ask that you file this motion and bring it to the attention of the Court, at your earliest convenience. Said motion is timely filed and falls within the qualifications for findings of fact and conclus ions of law. Thank you in advance for your assistance in thisw matter. My Information is below, so you can keep me updated in a timely manner of any action taken in this matter. Please send me a copy of said filed documents, for my records. Sincerely, M Defendant, Pro Se Baron D. Bostice # 1346260 Ftaench M* Robertson Unit 12071 F.H. 3S22 Abilene, Taxes 79601 (325) 546-9035 /D CAUSE NOS. 10017Q7~R| 1001711>R? 1001712-R; 1001713-Bf 0957231*0 THE STATE OF TEXAS § IN THE 396TH JUDICIAL VS. § DISTRICT COURT OF BARON D. BOSTICE I TARRANT COUNTY, TEXAS MOTION FOR RECONSIDERATION AND REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW ID THE HONORABLE OOUBT A!© MXZB THERHFt COMES SON, Baron D. Bostice, Defendant in the above numbered and styled cause, proceeding pro-se, and requests this Honorable Court to reconsider his pro se Motion For Appointment of Counsel For Habeas Corpus, Under Texas Fair Defense Act, Article 1.051, V.A.C.C.P.; and further requests a Findings of Fact and Concl usions of Law to attach in an appeal, if said motion is still denied; and in supp ort thereof wouls show: I. Defendant's pro-se Motion For Appointment of Counsel For Habeas Corpus, Under Texas Fair Defense Act, Art* 1.051 V.A.C.C.P. was filed and denied on same day of August 18, 2015 and was not mailed until August 26, 2015. II. Defendant requests this Honorable Court to not only reconsider the case law in said motion, but also take a closer look under Trevino and the newly added Tex. Code Grim. Proc. Art. 11.074. PRAYER: UEE8EB0RE, PREMISES CONSIDERED, Defendant respectfully prays this Honorable Court will grant reconsideration and ultimately grant Defendant's Motion for Appo intment of Counsel for Habeas Corpus. Defendant further prays that this Honorable Court will issue a Findings of Fact and Conslusions of Law, if it again denies the request for the appointment of counsel* Defendant prays for general relief. X, Baron D. Bostice, TDCJ # 1346260, being currently incarcerated in the MatimEcctoo^irlRt^^ Bostice # t%6260 - Rge 1 cS French M. Robertson Unit of the Texas Department of Criminal Justice in Jones Cou nty, Texas; do hereby verify and declare under penalty of perjury that the forego ing statements are both true and correct, as well as offered in good faith. [Tex.Civ.Prac,& Rem.Code § 132.001-003 et seq.flltle 28 U.S.C. § 1746] (A signal/dated copy of this MOT shall hare the sans validity as its origiral) SIGNED AND EXECUTED on this the 6th day of September, 2015. Respectfully Submitted, Defendant, Pro Se Baron D. Bostice # 1346260 French M. Robertson Unit 12071 P.M. 3522 Abilene, Texas 79601 (325) 548-9035 CERTIFICATE OF SERVICE: The above signer hereby certifies that a true and coorect copy of the fore going Motion For Reconsideration has been served upon opposing counsel, via 1st Class U.S. Mall, postage prepaid, dropped in the outgoing prison mailbox on this the 6th day of September, 2015, FissrffirTSiao^ ~ ISF* BARON D. BOSTICE # 1346260 French M. Robertson Unit, 12071 F.M. 3522, Abilene, Texas 79601 September 14, 2015 Thomas A. Wilder Tarrant County District Clerk 401 W. Belknap Fort Worth, Texas 76196 RE: Notice Of Appeal Dear Clerk: Enclosed please find my pro se NOTICE OF APPEAL, with request for appointm ent of counsel for said appeal, as well as an attached Findings of Fact and Concl usions of Law. Please file this document and bring to the attention of the Court, as soon as possible, as there are strict time frames in this matter and this lias been timely filed per the "mailbox rule." Thank you in advance for your assistance in this matter. My information is below for you to return to me a copy of this filed document and deep me informed of any action in this matter. Defendant, Pro Se Baron D. Bostice # 1346260 French M. Robertson Unit 12071 F.M. 3522 Abilene, Texas 79601 (325) 548-9035 FILED THOMAS AWILDER, D!ST. CLERK TARRANT COUNTY, TEXAS SEP 25 2015 TIME KY \\\°k Wj& DEPUTY CAUSE NO. 1001707-R; 1QQ1711-R; 1QQ1712-R; $& 25 toft 1001713-R; 0957231-D J^e- THE STATE OF TEXAS § IN THE 396TH JUDICIAir"^^ VS. DISTRICT COURT OF § BARON D. BOSTICE TARRANT COUNTY, TEXAS NOTICE OF APPEAL OCMES NOW, Baron D. Bostice, Defendant, Pro Se in the above numbered and styled cause, and files this his Notice of Appeal of the denial of his pro se Motion For Appointment of Counsel, filed and denied on August 18, 2015; and in support thereof would show the Court the following: I. Defendant requests to appeal said denial and requests the appointment of counsel for said appeal, and Defendant adopts the proof of indigency attached to said motion. II. To be attached to this Notice of Appeal is a request for Findings of Fact and Conclusions of Law of said denial. PRAYER; WHEREJT3RE, PREMISES O0NSIDERED, Defendant prays this Honorable Court be hereby notified of his desire to appeal the denial of his request for appointment of counsel. Defendant further prays this Honorable Court appoint him counsel for said appeal. I, Baron D. Bostice, TDCJ # 1346260, being presently incarcearted in the French M. Robertson Unit of the Texas Department of Criminal Justice in Jones Gounty, Texas; do hereby verify and declare under penalty of perjury that the for egoing statements are both true and correct, as well as offered in good faith. [Tex.Civ.Prac.& Rem.Code § 132.001-003 et seq./Title 28 U.S.C. § 1746] (A sigrWdated copy of this NUICE CF ATOL shall have the sare validity as its original) SIGNED AND EXECUTED on this the 14th day of September, 2015. Notice 0£ Appeal - Baron D. Baetice # 13462bO : K«e 1 BESKXnFuTIv^^JBMrnH), MS<<^'—- Defendant, Pro Se Baron D. Bostice # 1346260 French M. Robertson Unit 12071 F.M. 3522 Abilene, Texas 79601 (325) 548-9035 CERTIFICATE OF SERVICE: The above signer hereby certifies that a true and correct copy of the fore going NOTICE OF APPEAL has been served upon opposing counsel, via 1st Class U.S. Mail, postage prepaid, dropped in the outgoing prison mailbox on this the 14th day of September, 2015. ( SEE ATTACHED EX- A) fotice Or. Afpeal - Baron D. 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