'l IN THE COURT OF CRIMINAL APPEALS STATE OF TEXAS IN RE: ADRIAN D. ARMENDARIZ ~ECE~VIED ~N PECOS COUNTY CAUSE NUMBERS 3096, 3097 ©OOm OFCRJIVlii\IAl APPEALS OCT 26 2015 PETITION FOR WRIT OF MANDAMUS ) Comes Now your Applicant Adrian 'D. Armendariz unrepresented and pro-se to re~pectfully request this Honorable Court £or a Writ of Mandamus referencing the above Pecos County cause numbers 3096 and 3097. In support thereof Armendariz states as follows: Armendariz initially filed notification pursuant the Interstate Agreement on Detainers Act (IAD) in the Spring of 2014. On May 27, 2014 the District Attorney's Office in Fort Stockton, Texas acknowledged receipt of the IAD notification. This paperwork was also sent to the District Court in a request for final disposition motion. On December 29, 2014 Armendariz submitted a motion to the District Court requesting dismissal of the charges for failure to prosecute. A copy was sent to the Pecos County District Att6rney. After no answer from either entity Armendariz thought he may have done something wrong. He repeated the entire !AD notification process with a motion to the court and service to the prosecutor. After 200 days Armendariz again motioned the District Court, in June of 20l5, to dismiss the char~es for failure ~o prosecute (2) pursuant the IAD. It has now been about 4 months and Armendariz has not received ' any correspondence from either the Court or the DA. ~herefore, Armendariz respectfully reques~s this Court;. in its supervisory powers, grant this Writ of Mandamus and order the Court below to grant dismissal pursuant the IAD. Dated: October 13, 2015 Under Pentalty o this document CC) File 1) Clerck, Pecos County 400 S Nelson Fort Stockton, TX 79735 rian D. Armendariz 2) District Attorney, Federal Correctional Complex 400 s Nelson P.O. BOX 1000 Fort Stockton, TX 79735 'Petersburg, VA 23804 unrepresented/ pro-se STATE OF TEXAS, PEces COUNTY, vs. ADRIAN D. ARMENDARillZ, DEFENDANT. RE: CASE NO. 3096 3097 MOTION TO DISMISS FOR FAILURE TO PROSECUTE Comes Now Adrian D. Armendariz unrepresented/pro-se and the defendant in the a~ove captioned cause of action to motion this Honorable Court to enter an order dismissing these causes for the reason of failure to prosecute. In support thereof Armendariz states as follows: \ Movant moves the Court for an order dismissing this action with ,1 prejudice for failure to prosecute under the provisions of the Interstate Agreement on Detainers Act (IAD). On May 27, 2014 the District Attorney's office receive9 Movant's IAD paperwork. r Article V (c) of the IAD provides: If the appropriate authori~y shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, '-information, or complaint, on the basis of which the detainer has been lodged is not brought to trial within the period provided for in Article III or Article V hereof (180 days), the appropriate court of the jurisdiction where the indictment, information or complaint has,been pending, shall enter an order dismissing the same with prejudice and any detainer based thereon 'shall cease to be of any force or effect. (2) The IAD's language requiring such a dismissal is absolute and does not admit for: an exception for technical, harmless or "de minimis" violations. In Alabama v. Bozeman, 533 U.S. 146, 150 L.Ed.2d 188, ~he leading case regarding the interpretation of the language of the IAD, the U.S. Supreme Court held that: "The agreements language militates. against an implicit exception, for it is an absolute as the word "shall" is the language of command". The 180 days allowed by the IAD expired more than 30 days ago on November 27, 2014. Wherefore, for the reasons stated herein and in the interest of justice, Armendariz respectfully petitions this Honorable Court to enter an order dismissing all causes of action associated with the above captioned cause. Armendariz would also respectfully request the Court instruct the Court's Clerk to provide him, via U.S. Mail, I a copy of said order at the address below. I Dated: December 29, 2014 under penalty this document cc) File District Attorney s/~~~~~~~~~==~~ Adiian D. Armendariz Reg. No.!l8611-380 Federal ~orrectional Complex P.O. Box'l000 I Petersburg, VA. 23804 I unrepresented[pro-se I I • Complete items 1, 2, and 3. Also complete ite.m 4 if Restricted Delivery is desired. 0 Agent II Pnnt your name and address on the reverse 0 Addressee so that-we can return the card to you. C. Date of Delivery • Attach',:this card to the back of the mail piece, ' or on . front if space permits. 0 Yes 1. Article;iiddressed to: 0 No h b-l~Qtrrct:L-..~ D ~d ~~tSlJr~ l_\C)D cJ. _,/\ ..J_,a).--~ ~ ~~,-;f'{ lqlS~ LT;=3.~S=erv:=lce:=:;l';::yp::=e:=±:======= 0 Certified Mall !:p Express Mail 0 Registered !:p Return Receipt for Merchandise 0 mc.o.o. 2. Article Number- (fransfer from service lab eO PS Form 3811 , February 2004 Domestic Retur~-Receipt;;A< fv\'"i"' d.o:i;~;."L.c·~'l ~ 113bt) 1~2 595•02-M- 1540 . . ........................................... ) ........ - ........................... . • Compl.ete items 1, 2, and 3. 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