ACCEPTED
01-08-00460-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/8/2015 1:23:04 PM
CHRISTOPHER PRINE
CLERK
01-15-00460-CR
01-15-00461-CR
FILED IN
IN THE 1st COURT OF APPEALS
HOUSTON, TEXAS
COURT OF APPEALS FOR THE FIRST 6/8/2015 1:23:04 PM
DISTRICT
CHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
IN RE JOSHUA TYRONE LANE
FROM CHARGES IN CAUSE NOS. 54972-1 & 54973-1
300TH JUDICIAL DISTRICT COURT, BRAZORIA COUNTY, TEXAS
HONORABLE K. RANDALL HUFSTETLER, JUDGE PRESIDING
RESPONSE TO PETITION FOR WRIT OF MANDAMUS
JERI YENNE DAVID BOSSERMAN
CRIMINAL DISTRICT ATTORNEY Assistant Criminal District Attorney
BRAZORIA COUNTY, TEXAS 111 E. Locust, Suite 408A
Angleton, TX 77515
(979) 864-1230
(979) 864-1525 (Fax)
Bar Card No. 02679520
davidb@brazoria-county.com
ATTORNEYS FOR APPELLEE
DATE: June 8, 2014
01-15-00460-CR
01-15-00461-CR
IN THE
COURT OF APPEALS FOR THE FIRST DISTRICT
HOUSTON, TEXAS
IN RE JOSHUA TYRONE LANE
FROM CHARGES IN CAUSE NOS. 54972-1 & 54973-1
300TH JUDICIAL DISTRICT COURT, BRAZORIA COUNTY, TEXAS
HONORABLE K. RANDALL HUFSTETLER, JUDGE PRESIDING
RESPONSE TO PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
The State of Texas, the prosecuting authority in Cause Nos. 54972-1 & 54973-1,
in the 300th Judicial District Court of Brazoria County, Texas, respectfully submits this
Reply to the Writ of Mandamus of Relator Joshua Tyrone Lane, and would respectfully
show the Court the following:
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PARTIES TO THE CASE
RELATOR (pro se):
Name: JOSHUA TYRONE LANE
Address: Connally Unit
Inmate # 1510890
899 FM 632
Kenedy, Texas 78119
RESPONDENT:
Name: K. RANDALL HUFSTETLER
Address: Judge, 300th District Court, Brazoria County, Texas
Brazoria County Courthouse
111 E. Locust,
Angleton, Texas 77515
Attorney for Respondent:
Name: David Bosserman
Assistant Criminal District Attorney
Address: Brazoria County Criminal District Attorney’s Office
Brazoria County Courthouse
111 E. Locust, Suite 408A
Angleton, Texas 77515
(979) 864-1230
(979) 864-1525 (Fax)
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STATEMENT OF THE CASE
On June 2, 2015, the First Court of Appeals issued an order requesting a response
to the Relator’s claim that the Judge did not rule on his post-conviction motion for DNA
testing which he states was filed January 15, 2015.
STATE’S RESPONSE
In fact the Judge denied the Relator’s post-conviction motion for DNA testing on
January 16, 2015. A certified copy of said signed order is attached to this response. It
should be noted that the Appellate Court Order incorrectly refers to the second trial court
number as 54972-3. The Relator in his writ of mandamus correctly refers to the number
as 54973-1. There is no cause no. 54972-3 on file in Brazoria County.
CONCLUSION
WHEREFORE, the Respondent prays that the Court of Criminal Appeals denies
the Relator’s Writ of Mandamus.
Respectfully submitted,
/S/ DAVID BOSSERMAN
DAVID BOSSERMAN
Attorney for Respondent
Assistant Criminal District Attorney
SBN 02679520
111 East Locust, Suite 408A
Angleton, Texas 77515
(979) 864-1230
(979) 864-1525 (Fax)
ATTORNEY FOR THE STATE OF TEXAS
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CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Response to Petition for Writ of Mandamus
was sent, JOSHUA TYRONE LANE, at Connally Unit, Inmate # 1510890, 899 FM 632,
Kenedy, Texas 78119 by placing said document in the United States Mail on this the 8th
day of June, 2015
/S/ David Bosserman
DAVID BOSSERMAN
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