t?F*SS«J«F«H!E*L^
* ^AN ANTfiNII. FE)Us
N
2015JUM f7 AN||iIi9
\
0
4 0
-i ^<
\i
i ~M
v
t i
A -5)
.o
CAUSE NO. 04-15-00183-CR
FOURTH COURT OF APPEALS „£
SAN ANTONIO, TEXAS
RICHARD LARES, x^f^ f=
Appealant a •^Slk "I 3,5
1^ I if
THE STATE OF TEXAS, £. £$
Appellee *J3 "/,*
NOTICE OF NON-WAIVER
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 Non-Waiver of any Constitutional Right Granted
to excercise during ALL Direct Appeal Proceedings and does not waive any other
Non-Constitutional Right as well without express written consent from appellant
and in support presents the following:
I.
Appellant avers that the Pack 1 Unit Mail Soom doesn't send out any Legal
Mail until Tuesday during the week as per mail room employee's advise. Appell
ant avers that this document was created on June 12,2015 and placed in the Box
to be sent to the Fourth Court of Appeals but may not be picked up until
June 15,2015 Monday, thus because of appellant's incarceration and inability
to hand deliver this Notice to the Respect of the Court of Appeal's Clerk
because Appellant is not** "Liberty" to walk said Notice to the Court.
II.
Appellant avers that communication between Appointed Appellant Counsel,
Mr. Barry P. Hitchings and Appellant has been limited to U.S. Postal Mail and
recently available communications between Counsel and Appellant's Parents.
That said counsel has not visited or interviewed the appellant in person and
this may be a denial of right in some way but not waived by appellant. Said
■ Counsel, with respect to his hard work and dedication in appellant's appe
al, has expressed his professional opinion not to Present Appellant's Claims
of Factual/Actual Innocence, Ineffective Assistace of Trial Counsel, Involuntary
Plea, and Denial of Competency/Sanity Hearing, as well a Denial of Other Funda
mental Claims. At this point I'm not sure what counsel intends to present.
III.
Appellant avers that he has Alibis for ALL the Dates he is being accused
of and Not accused of. To include Alibis for the Dates Not Alleged by the
Complainant but were fraudulently alleged by Det. Armstrong and said Dates
have Prejudiced and Harmed Appellant through All Trial and Post Trial Proceed
ings. That said Alibis have provided Affidavits and the others need to be
supoena by the Honorable Court in order to obtain their Testimonies to Resolve
ALL material issues that support actual/factual innocense. I have requested
Appellant Counsel to supoena them but no answer has been given to me yet.
Appellant believes that if said alibis were before this Honorable Court of App
eals that their testimonies would bear out the Innocence of Appellant and crea
te enough doubt that the Honorable Justices can not have confidence in the Trial
Court's Conviction and Sentence that now stands against the appellant. A List
of said alibis has been provided to Appellant's Counsel;a/**' &^u**4 4^' "SX Copy.
PRAYER
WHEREFORE PRIMISES CONSIDERED, Appellant Prays that this Notice of Non-Waiver
be incorperated into his Appeal Brief for consideration because appellant feels
and believes that he has no voice to be heard.
SO MOVED SO PRAYED FOR.
Sincerely Submitted,
Richard Lares, #1592255
CERTIFICATE OF SERVICE
I have read the pleadings and to the best of ray 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 harrassment, unnecessary delay, or
any other improper purpose. That on June 12,2015 a true and correct copy was
sent by U.S. Postal Mail to Appellant's Counsel Mr. Barry P. Hitchings at
Hitchings and Pollock, 645 South Presa, San Antonio, Texas 78210 and to the
Fourth Court of Appeals Clerk at Cadena-Reeves Justice Center, 300 Dolorosa,
Suite 3200, San Antionio, Texas 78205-3037.
Respectfully,
lichard Lares, #1592255
Pack 1 Unit
2400 Wallace Pack Rd.
Navasota, Texas, 77868
"De Oppresso Liber"
U.S.Army Combat Veteran
Is
o
^
w
8
o
3
ID
Richard Lares v. State
Combined Opinion