"7*6-/5
CAUSE NO. PD-0726-15
IN THE ORIGIN/
TEXAS COURT OF
CRIMINAL APPEALS
AUSTIN,TEXAS
RECESVED m
COURT OF CRIMU^AL AFPEALS
AUG 27 2015
MARK ANTHONY ESTRADA,
PETITIONER
ASas:! Acoata, 0"^
THE STATE OF TEXAS
PETITIONER'S PETITION FOR DISCRETIONARY REVIEW
APPEAL CAUSE NO. 13-13-00283-CR
TRIAL CAUSE NO. CR-712-09-C
MARK ANTHONY ESTRADA, PRO SE
TDCJ# 1568684
McCONNELL UNIT
3001 SOUTH EMILY DRIVE FILED IN
beevilt,e,tx. 78102 COURT OF CRIMINAL APPEALS
MJ6 27 2015
Abel Acosta, Clerk
TABLE OF CONTENTS
_PAGE_
INDEX OF AUTHORITIES ii
STATEMENT REGARDING ORAL ARGUMENT iii
STATEMENT OF THE CASE iii
PROCEDUAL HISTORY iv
GROUNDS FOR REVIEW v
ARGUMENT I .
ARGUMENT FOR GROUND ONE 2.
ARGUMENT FOR GROYND TWO 6.
ARGUMENT FOR GROUND THREE •'11.
CONCLUSION II .
PRAYER 12.
UNSWORN DECLARATION, CERTIFICATE OF SERVICE AND
APPENDIX 13.
INDEX OF AUTHORITIES
STATE CASES PAGE
ALANIZ V STATE :2011 TX1. App.Lexis 9599 10
AMUNSON V STATE 928 sw2d 603- (TXvApp.San* Antonio 1996) 7
BELL V STATE 90 sw3d 301 (Tx.Crim.2002) 5
BIRDWELL V STATE 276 sw3d 642 5
BLACKLOCK V STATE 235 sw3d 231 (TX. Crim.2007) 5
EUBANKS V STATE 113 sw3d 562 (TX.App.Dallas 2003) 2
GARCIA V STATE 327 sw3d 269 (TX.Crim.2010) 5
GUITERREZ V STATE 337 sw3d 883 (TX.Crim.20111 4
1TUTZNER V STATE 75 sw3d 427 (TX.Crim.2002) 2
MORTON V STATE 324 sw3d 674 (TX.Crim.2011) 4
PRIBLE V STATE 245 sw3d 466 (TX.Crim.2008) 5,10,11
REEDY V STATE 214 sw3d 567 (TX.Crim.2008) 7
ROUTIER V STATE 273 sw3d 241 (TX.Crim.2002) 3,4
SMITH V; STATE 165 sw3d 361 (TX.Crim.2003) 4
WINFREY V STATE 323 sw3d 875 (TX.Crim.2010) 10
v SUPREME COURT CASES
GRANNIS V ORDEAN 34 S.CT. 779 (1914) 11
HOLMES V S.CAROLINA 126 S.CT. 1727(2006) 11
IN RE OLIVER 68 S.CT. 499 (1948) 11
FEDERAL CASES
TURNER V McKASKLE 721 F.2d 999 (5th Cir.1983)
ii
STATEMENT REGARDING ORAL ARGUMENT
Petitioner respectfully submits that oral argument may not
serve to enlighten the court as petitioner is currently incarcerrated
and files this petition Pro Se. Although petitioner shows that the
facts are adequately presented in the petitioner's previously filed
motion's and appeal brief's. Petitioner request's that this right
be reserved to oral argument should court appoint counsel.
STATEMENT OF THE CASE
Petitioner was convicted of murder and sentenced to life in
prison on April 17,2009 by a jury in the 139th Dist. court in
Hidalgo County,Texas, Honorable Judge "Bobby" Flores presiding in
Cause NO.CR-712-08-C. After filing a notice of appeal the court
appointed Mr. Alfredo Morales,Jr as counsel. A Ander's Brief was
filed by Mr. Morales in which Petitioner filed a Pro Se Appeal Brief.
The 13th Court of Appeals affirmed the trial courts conviction on
August 4,2011. A Petition for Discretionary Review was filed on
March 16,2012, and was refused on April 25, 2012.
Petitioner filed a Motion for DNA testing pursuant to TCCP.
Art.64.01 on June 26,2012, where the trial Judge denied the Motion
for DNA testing the same day that the State filed it*s opinion on
April 25,2013. Notice of appeal was filed and Appeal Brief was filed
on August 1, 2013. The 13th Court of Appeals Affirmed the denial on
April 23,2015. A Motion for Rehearing was filed on May 22,2015 and
denied on May 27,2015.
iii
PROCEDUAL HISTORY
April< 17,2009 - Estrada is sentenced to life in prison
November 5,2010 - Estrada files Pro Se Appeal Brief
August 4,2011 - 13th Court of Appeals Affirms conviction
March 16,2012 - Estrada files Petition for Discretionary
Review
April 25,2012 - Petition is refused
June 26,2012 -Estrada files Motion for DNA testing, Motion
to appoint counsel for DNA testing, request
for Judicial Notice, Affidavit of Statement of
>Facts, Affidavit of Indigency
April 25,2013 - 139th DIst. Court denies Motion for DNA
testing
August 1,2013 - Estrada files DNA Appeal Brief
April 23,2015 - 13th Court 6f Appeals Affirms trial courts
denial of DNA Motion for testing
May 22,2015 - Estrada files Motion for Rehearing
May 27,2015 - 13th Court of Appeals denied Motion
iv