IN THE FOURTH
COURT OF APPEALS
SAN ANOXDNIG, TEXAS
ABELPi^DO G- GONZALEZ 1622682 §
Appellant/ Pro-se §
§
§ COA No. 04-15-00529-CR
vs. § COA No. 04-I4-00530-CR
§
§ OOA No. 04-15-0053i-CR
THE STATE OF TEXAS §
Appellee §
CXX«T ORDERED REPLY
NOW GOME'S Appellant ABELARDO G- GCWZALEZ, pro-se in the above mentioned
proceediiMS and reply's to a Court Order dated Septemeber 18/ 2015 reuardinu
lUrisdiction/ amonu other thinqs.
I.
TmniG OF TOE FILING THE REPLY
Appellant was Ordered to reply by Oct. 12, 2015 and is filing this reply
on Oct. 3, 2015, which is timely filed by placing it in the C.T. Terrell prison
nailbox and thusfore timely filed under the prison mailbox rule.
II.
COURTS ATTENTION
(a) The Court Order dated September 18, 2015 state's this case(s) are from the
111th District Court- IT IS NOT, its from the 49th District court.
(b) The Clerk had appellant incorrect mailing address, and does not know if
he has received all the clerks and Court mailings.
(c) Appellant to this date has not veiwed the Trail Courts CLERK RECORD and
thusfore does not know what wrong with it, and can [N]OT correct it since he
has HOT veiwed the CLERK RECORD. ,
\/\Z
III.
INSTANT EVOCEBDINSS
[l]n this instant proceedings appellant state's the Appeal being sought
is golelv to appeal the Denial of his [POST-TRIM.] SECOND MOTION TO RECUSE
Uhder T.R-Civ.Pro. RULE 18a filed on March 3, 2015 and dENIED on July 11.
2015. [T]his is [n]OT a interlocutory appeal, since final judgment was rende
red by the Trail Court on Jan. 15, 2015 against appellant SEE Exhibit's
( ) J/C SHEET'S.
IV-
APPELLANT ACTICNS
Appellant has showed due diliqence by taking the following action's as a
pro-se appellant to appeal the DENIAL of the SECOND MOTION TO REOOSE by doing
the following:
(1) Timely filing a NOTICE OF APPEAL on the denial of his post-trial Motion
to Recuse on August 10, 2015,
(2) Filinu a MOTION FOR CERTIFICATION CW THE RIGHT TO APPEAL under T.R.A.P. 25.2
(a)(2), with the Trail Court on Sept. 7, 2015: Exhibit (V )
(3) Reciuest for the Preparation of the Clerk Record for Appeal under T.R.A.P.
RULE 34.2 AGREE RECORD RULE filed on SEPT 9, 2015 with the trial court
Clerk: SEE Exhibit ( 5, )
(4) On SEPT. 15, 2015 Appellant submitted a letter to the clerk of the fourth
Court of Appeals for Information. f£x 6
(5) On SEPT. 15, 2015 Appellant submitted a letter entitled FCXNIAL REDDEST
TO CI£CR OOT THE CLERK RECORD FROM THE DISTRICT CLERK OFFICE under T.R.A.P.
FULE 34.5(g): SEE Exhibit ( 7 ) since his appearing pro-se.
(6) On SEPT. 18, 2015 Appellant submitted to the Clerk of the fourth Court
of appeals a request to be provided the cost to obtain copies of the
Trail Court Clerks Record, (NO REPLY TO DATE HAS BEEN RECEIVED). Ex 8
The request was labled URGENT RBODEST TIME SENISTIVE **N0 REPLY TO DATE**
(7) On SEPT 29, 2015 Appellant received a reply to #5 from the trail Court
Clerk stating the Clerks Records where to long and only provided index
sheets SEE Exhibit( S ) THIS IS NOT WHAT APPELLANT REOUESTED IN #3
AQtEE RECORD RULE, since he was onlv appealing the denial of the Second
Motion to Recuse.
Z/lZ
(8) On OCT. 3, 2015 Appellant received a letter from the Fourth Court of
Appeal Clerk dated SEPT 21/ 2015 with a postmark on the env. of SEP 29
2015. (stating the clerk "we do have your correct address on file".
I would like to show the court, I beg the clerk different by the following
Exhibits showing a incorrect address SEE Exhibit ( ti , IZ ) by
this I'm in grave doubt that if I have received all the filings, notices.
Order's from the Clerk or the court, and this has PREJODICE appellate.
V.
JURISDIOFION NATIER
WITHOUT knowing what's in the Clerk Record Appellant can not know
whats lacking or missing and can not ask the trial court to file a supplemental
clerk's record to show this court's lurisdiction. But appellant state's the
follcwinq to this court:
(A) The appeal being sought is from the SECOND MOTION TO RECUSE. A motion
to Recuse is appelable under T.R.Civ-Pro. RULE 18(|}(1)(a) from
[final judgment],
(B) Appellant's SECOND MOTION TO RECUSE is a [POST-^miAL] MOTION [POST-VEBDICT]
(C) FINAL JUDGMENT was entered on Jan. 15, 2015.
(D) threfore [N]ot a interlocutory appeal.
VI.
aXJRTS ASSISI!ANCE
Appellant respectfully asks this court assistance which is available under
T.R.A.P. to intervene as authorise under Tex. Rules of App. Pro. to protect the
integrity of the Appeal Procces since Appellant is appearing Pro-se and is in
prison and has showed due diligence mention in IV. APPELLANT ACTION noted before
hand.
3/lZ
VII.
AMENDING REFLY
Appellant reserve's the right to amend this reylv to submitt copies of
Exhibits that where not included since at the time of submission the 0091es
have not been return and time is of the essence to submit this replv to meet
the deadline imposed bv the court/ and other exhibits become avilable/ and
just ice reau ire's.
VIII.
EXHIBITS
1. Judyment of Conviction bv Jur/ Sheet 662/COA#530
2. Judyment of Conviction by Jury Sheet 665/HoA#531
*3. Judgment of Conviction by Jurv Sheet 657/C0A#529
4. Motion for Certification of Right to Appeal
*5. Request for Preparation of the Clerk Record
6. Letter to 9th coa Clerk reuuest*. for info-
7. Formal Reguest to check out the Clerk Record
8. Letter to 4th coa to request a pricefor the CR
9. Reply from Trail Clerk,on the request to be loan out the CR
10. Second Motion for Certifiation of Rioht to Appeal
*11. Letter from coa Clerk showincj wrong address for case 531
*12. Letter from coa Clerk showing wrong address for case 529
* This Exhibits will be submitted in a amended RE^LY
IX.
PRAYER
Appellant respectfully ask the Honorable court not to dismiss but to assist
the appeal for the mention reason's stated above, since appellant has not veiwed
the Trail Court Clerks Record. Appellant has sutxnitted a seodnd CERTIFTCATTON
OF RIGHT TO APPEAL to the Trail Court cop/ included herein as Exhibit. HO ).
Respectfully submitted.
Abelardo G. Gonzalez 1622682
C.T. Texxell B-3-40
1300 F.M. 655
Rosharon, Texas 77'=ift3
Appellant) t t^o-se
V/iZ
Case No. 2008CRR000662D1 Count I &IU.
iNCIDE.NT NO./TRN: 91273038553
The State of Texas In The 49TH District
V.
Court
§
ABELARDO GERARDO GONZALEZ § WEBB County, Texas
§
State ID No.; TX05095629
§
Judgment of Conviction by Jury
Judge Presiding: HON. JOSE A. LOPEZ Date Judgment
Entered: 1/15/2010
Attorney for Stale: SERGIO LOZANO AND Attorney fur
EDWARD NOLEN Defendant: OSCAR A, SR. vV
Offense for tvhich Defendant Convieted:
AGGRAVATED ROBBERY F/l-COUNT I AND
ENGAGING IN ORGANIZED CRIMINAL ACTIVITY F/l-COUNT II
Qtarging Instrument: Stature for Onenso
INDICTMENT ^3 AND 7l702(Ji) Penal Code
Date of Offense:
12/5/2008
Degree of Offense: Plea to Offense:
1ST DEGREE FELONY NOT GUILTY
Verdict of Jury Findings on Deadly Weapon:
GUILTY N/A
Plea to l" Enhancement Plea to 2'"' Enhancement/Habitual
Paragraph: N/A Paragraph: N/A
Findings on 1" Enhancement Findings on 2'"'
Paragraph: N/A Enhancement/Habttual Paragraph: N/A
Punished A.s.sessed bv: Date Sentence Imposed: Date Sentence to Commence:
JURY 1/15/2010 1/15/2010
Punishment and Place
of Confinement:
30 YEARS INSTITUTIONAL DIVISION, TDCJ - PER COUNT
THIS SENTENCE SHALL RUN CONCURRENTLY.
• SENTE.NCE OFCONFINEMENT SUSPENDED. DEFENDANT PLACED ON COM.MUNITY SUPERVISION FOR N/A
LjK; Court Costs: Restitution: Restitution Payable to:
S10,000.00 PER COUNT $350.00 $N/A D VICTIM (see below) CD AGENCY/AGK.NT (.see below)
Sex Oflender Registration Requirements do notapply to the Defendant. Tkx. CODE Grim. Proc. chapter 62.
The age of the victim at the time of the offense was N/A .
If Defendant is to serve sentence in TDCiI. ontcr 1ncnreeration neriods in chiiiinoloeiciilorder
From 2/li.h. erUWC days• redited Ik lim
32 DAYS NOTES: TOWARD INCARCERATION
All pertinent inrnrmation. namesand assessments indicatedabove are incorporated into the language of the iudgmeiit below by reference
This cause was called for trial in County, Texas. The State appeared by her District Altornoy
Counsel / Waiver of Counsel Iselect onel
IS Defendant appeared in person with Counsel.
D Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in ojicn toiiri
It appeared to theCourt ihat Defendant was mentally competent aiid had pleaded a.s shown above to thecharginK
instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the
jury, and Defendant entered a plea to the chargedoffense. The Court received the plea and entered it of record
£xl
5/iZ .niDGMENT ABEI.AKIX) fiONV \LE2-CONVIC BV n'KV.2 l'.lKr I tif?
Case No. 2008CRR000665D1 Count ril & IX
Incident No./trn: 91273038553
The State OF Texas I.NTnE49TII DrsTRicr
V. Court
ABELARDO GERARDO GONZALEZ WTEBB County. Tk.xas
.^TATi; II) .\0 : TX05095G29
Judgment of Conviction by Jury
•JuiIiCf I'iv.skIiii.: lloN. JOSF. A. LOPEZ l/!r)/20IO
KnU'rriJ[_
SEii^oTozrwrANU Aiti)n»-> for
Aimi iii'V ft>r St;iU'; OSCAR PEN A. SR.
KDWAKU NOLEN
Offi'iisji for wlucli Diffoiiiliim Coiiv}riei|
.AOGRAVATED ROBBERY l*7i-C0UNT III AND
ENGAGING IN ORGANIZED CRIMINAL ACTIVITY I71-C0UNT IX _
Ch.Ti-iMiig lii.sdunu'lil: .SiiUiui' foj' Ofl'fiiHi'-
INDICTMENT 29.03 AND 7l.0'2(ti) Per
[');uo nf OIToiiso:
i/23/2008
Di-Kii'i' of I'loii to OIToiiso:
1ST DEGREE FELONY NOT GUILTY jj:
YfiuUcuiOiury: Fiiiihiigs on Di'ijislly.Wortpy|v
GUILTY N/A
to I*' KnIirtnreiJii'iil I'lo.i lo 2""' Kiili;in(Viiii'iil/n;il)il ii;il
I'rtiMCriipl). N/A l'i>r:n;r:i|'Ii _ __ _N/A
Kiiidiiics oil 1" Knhaiiceinoni Fincliiics on 2'"'
l';ii':iKr:ipli' N/A Rnliaiu:oiiii-iit'M:il)ilu:tl I'iirrtU'.'I'li _ _
l^iiishrcl As'| N/A .
Tiiio. Court CosU: I^c.sliluiniir Ui'...liUitiiiii PavaMo lir
ri(),000.00-PER COUNT $390.00 $N/A • vicTiM (soo Wiow) • agk.ntv/aOK.nt is.-.- (•.•low)
Sox OlTt'lidor RcKistrutinii Uuquiromcnts do not iippl.v to ll>o Duruiidaiit. .'I'K.x (^OliK CidM, I'ltdC chapli-r112
*
Tlic attf! iif ihr viriiiii .it tlu; tiino ofl-lir offense w.t-i N/A •'
If l)vf(;r|ilanl. is to .-im vi- *iNiJrjKC."iLTI).GLi'.'Vi;UJ"' ;''' ri-.ltU'J>.rrii!'.iLN iii.cllioriolpitic.'lyid'-i
Fio.ii 2/1•1/21108 I.I :i/1 1/2008 l-r..m 1/11/2010 t.. 1/12/2010 Kiom I/l.V20t0 i. I/1.V20I0
Time Kiom ' fo I*10 in lo Ituhi Id
Ociltted'
|f "> ConniVJrtilor.i:. CrtVM.iir'-d.ij ".•«.;oiLCiiu; ai»< •. "I'.i "t.ij •• i
32 DAYS NOTK.S:'I'OWARD INCARCERATION
~ Alt |ii.r(iiii-n( iiirormnliiMi, ii«iiii-» .tnU ni..rs<>iiii-iU» iiiilii-nlrH aloof amiiii-iir|inrntf.-iil lifiow h» rffi-i rm-f
Thi.x taii'irt wax c.illed far ti'i.'tl in tNuinly. Ti!.xa> I li." .Slair apiirari'd liy hot Dixinrl Alloriirv
CimnscI / Will viT of (.'oo.nM'L,tsi!ljfCl UQ.f,)
Q Di'fciid.inl appcaivd iii person witli (fnuii.sol
Q Drfrndam knowingly, inli'llicfiilly. and vnhinlanly waived the nitlil lo repre.senlalmn liv rmin.-ol in wi ilmu miiprii roiiil
It .rtppearoil In tlu: Conri that DefeiidaiU w.i.s incniallv competent and had pleadcil aa shown ahove to the ch.iiRini;
instrument Hoth partie.s .tnnotineed ready for in.il Ajuiy wa.s selected. im|ianeli;il. and sworn The ISDICTMKNT «.is read to ili-
jurv. and Defcnd.iiit entered a plea to the charged offi'ii.se. The Court received the plea and entered it ufierord
JfOflklKVT \IIEL.X«n