CAUSE NO. 04-15-00183-CR ;'r SAN ANrONIfc $ jj'£
FOURTH COURT OF APPEALS ^HlJG \2 tit in.
SAN ANTONIO, TEXAS
RICHARD LARES,
Appellant
V.
THE STATE OF TEXAS,
Appellee
NOTICE
TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:
COMES NOW, Richard Lares, TDCJ #1592255, Appellant herein, in style and
cause and provides Notice of Requested PSI Report Not Being Given to Appellant
and in support presents the following:
I.
Appellant avers that he has submitted his Request for a copy of the PSI,
PreSentence Investigation Report, and said documents have not been provided to
the Appellant for his review. On July 1,2015 Appellant provided the Honorable
Justices with a Motion Requesting PSI Report and Appellant avers that the Clerk
for the Fourth Court of Appeals did not send him any letter to the effect of
receiving said Motion. All of the other Motions and Notices triggered a respo
nse from the Clerk, buL said Motion has not been referred to in any Clerk letter.
II.
Appellant has been without Counsel since June 12,2015. Appellant has sub
mitted several Motions some have been processed and accepted while one Motion
for Bail/Bond was Denied but the Motion for PSI Report lias not been answered at
all. It may have been a Clerk oversite an Appellant Requests this document be
cause said document is Required in order to develops Appellant's claim for the
trial court's abuse of discretion and denial of due process during pretrial pro
ceedings and before the entry of plea.
III.
Appellant has made good faith effort to try an obtain a copy of the PSI
from trial counsel and has made numerous requests under the Freedom of inform
ation Act, the Open Records Act, and Appellant even quoted Case Law in an effort
to obtain a copy from Appellant's Client file which he is entitled to. In re
Patriot McCann, 422 S.W.3d 701(Tex.Crim.App.2013)("Hie client's file belongs to
the client."). A copy of Appellant's requests are exhibited as exhibits 1 and 2.
Exhibit 1 is Appellant's Freedom of Information Act to counsel for a complete
copy of appellant's client file and to include the PSI Report and counsel's
Notice of intent to Present 404B witness against his own client.
Exhibit 2 is Appellant's Request for Appellant's Client file complete copy to
indued the PSI Report with Case Law in support.
None of Appellant's letter have been answered and the State also refused to Gra
nt Appellant said documents as well . Appellant has submitted Motions to Comp
el the State District Court and Motions Requesting PSI Report but all have been
ignored and Not Ruled on, therefore Appellant seeks the Honorable Justices' as-
sitance to obtain said documts in order to develope Appellant's claims and wit
hout said documents Appellant is Denied Due Process under the Fourteenth Amend
ment of the United States Cosntitution during this Appeal's Proceedings.
WHEREFORE PREMISES CONSIDERED, Appellant Prays that the Hon. Justices Grant
him Requested Documents in the interest of justice and due course of law, Appe
llant thus far has been denied his liberty in all court proceedings and only
asks for documents that sustain his innocence, as a U.S.Army Special Forces Com
bat Veteran Appellant asks for nothing more than assistance in this process.
SO MOVED, SO PRAYED FOR.
Sincerely Submitted, . ££• :^
J2
Richard Lares, Pro Se
"De Oppresso Liber"
CERTIFICATE OF SERVICE
I have read the pleadings and to the best of my knowledge and belief, for
med after reasonable inquiry, that the instrument is not groundless, or brought
in bad faith or brought for the purpose of harrassmant, unnessary delay, or
any other improper purpose. That on August 8,2015 a trua and correct copy of
the forgoings was.sent to the Clerk of the Fourth Court of Appeals at Cadena-Re-
eves Justice Center, 300 Dolorosa, Suite 3200, San Antonio, Texas 78205-3037 and
Appellant requests that the Clerk please send a copy to the Repsondent because
the appellant is indigent and Pack 1 Unit Law Library Ofc. Siegle said that the
Court Clerk is informed to be able to do service on the respondent.
Sincerely,
Richard Lares, Pro Se
Pack 1 Unit
2400 Wallace Pack Rd.
Navasota, Texas 77868
"De Oppresso Liber"
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LAUKS,
Appellant
V.
THE STATE Of TfcXAS,
Appellee
NOTIOK ?Ji£U£STIHG PSI RSF03T
TO iitj imQiVSUi. JUSTICES OF SAID COURT:
Caries ilow, Richard Lares, TDCJ #1592255, Movant herein, in style and cause
am files this Motion Requesting rSI Report and in support will show the follo
wing:
T.
Movant avers that on July 1,2015 he is calling the attention of this hono
rable court in the above styled and numbered cause in v;hich he is requesti.or
a comoleto; codv of the PSI Iteoort.
II.
Movant avers tlint he has used due dilligence in liis effort:- to obtain the
PSI Report in order to support -savant's claiu of Actual/Factual Innocence hit
ban not ijiZest ^iven said docrraenc • vz, of yet:. ijiov?.nt':i iffort:: .Include .;£ndin?
requests to tiie following people and agencies:
1. Ccjiraunity Supervision and Correction? Deparfci.ent Attn: Jaclvn B-asaldua
Date: July 12,2013 (CX-177).
2. Tiie 399tli Judicial Oiatrict Court en liotion to Caapei tlte State for
Documents, PSI Report and Agreetnents Entered into with iJitnesses (CR-153).
3. The 399th Judicial District Court on Motion §552.321 Motion for Pre-Seni:-
. . ence Investigation Report (Cr-173).
4. Trial Counsel, Joe sJonzalcs, requesting PSI Report and Movnnt's canpleta
file using the L-'reedaa oi: Infonsiation Act and Open Records Act in two
letters. I don't iiave an extra copy r.o send yet.
5. Texas Department of Criir.irc-1 Justice Attn: Records f'vequest-Pre-Sentence
Investigation ilepoul at P.O.Box 99, iiuutsville, Texas 7/342-0099
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