August 31, 2015
WILLIE LEE 0CKLETRE2,
#1906931
ALLRS-j UNIT/TDCJ-CID
2102, E.I.I. 369 No
10V/A PARK, TEXAS 76367
AUGUST 13, 2015
HONORABLE JUSTICES PURYEAE,
PEMBERTON, ana FiZL-j
COURT OP APPEALS FOR THE
THIRD JiSTRlCT OF TEX&S
p. Oc bo:l 12547
AUST N, TE:;AS 78711-2547
In Re: Y/ILLiELEE 0CKLETR2E -v- ^h^ cT>»TE OF T2ZA5
RECEIVED\ C50URT OF APPEALS No* 03-14-00046-CR
| (TRIAL COURT No. 71320 )
AU63 12015 I APPELLANT'S" LETTER FORM PLEAj.NG. TO WIT:
™BS/ MOTION TO SUSPENJ RULE; and MOQJ..OK FOR RE-
HEARING
Dear Honorable Justices Puryear, Pemberton, c.nj Field:
COMES NOW, W1LL,E LEE OCKLETREE, #1906981, an offender, who
is confined in TDCJ-CI^ at the Allred Unit, 2101 F. M. 369 N., Iowa
Park, Texas 76367, who is the Appellant in the above stylea and num
bered cause of action an- makes an- files this APPELLANT*^ LETTER
FORM PLEAJlIiG, TO W.Tt MOTION TO SUSPEftj RULES an KOTiOS FOR RE
HEARING v.-hich the Appellant xST:-;I JT COURT OF
BELL COUNTY. Ttt-AS). For the Appellant invokes an~ pleads the in
stant and foregoing pleauing in aecordance. with and pursuant to the
provis on of Texas Rules Of Appellate Procedure.. RULE 48 et sea, and
does state, declare, confirm, acknowledge, verify, and pliead in support
hereof as fallows:
A.
The Appellant does by and through ihis foregoing pleading makes
and enters his objection to the HONORABLE Court of Appeals ruling
and opin on as made and entered on August 6, 2015 for being an abuse
of discretion and malfeaance where those sworn to uphold and enforce
"THE LAV/ OF THE LAI?J"and determined by the Unites Jtates Sup: erne Court
in accordance with and pursuant to UNITEj STaT-S- CONSTITUTION, ARTICLE
VI, CLAUSE 2 and The Texas Constitution, ARTICLE I, Section 1 express
ly mandating that'Mudges in every 'itate shall be bound thereby...."
For it is equrily of manidate that those whom are officers of the Court
are aworn by their oaths to likewise uphold and enforce the "LAV/.uF
TH§ LAND'" as their duty and obligations as an officerof 1he Court.
For the Honorale Court Of Appeals ruling ana opinion is obje ted and
otherwise ex epted -feo as being violative of both the provisions of
the Federal and State Constutions as ,et forth and cited where the
express and implied ruling and mandate of Anders -v- California,
386 U.S. 738, 744-45 (1967); Penson -v- Ohio, 483 U.S. 75, 80-82 (1938);
anc; G-.-ner -v- State, 3Co Sw 3d 763, 766 (Tex, rim. App. 2009) was not
and has not been met by Appellant*s ounsel on appeal. For the per
functory anvi cursory review of the recoard., on appeal by both the at
torney on appeal and this Honorable Court prompts this moving for
rhearing where significant substantive and structural error is pre
sent in the re ordo on appeal to warrant reversal an^remana for new
trial*
B.
Appellant sets forth and maintains his reasons for rehearing
are as follows:
-3-
a. REASON FOR REHEARING NUMBER ONE
Appellant contends ano compjhains that the Honorable Court of Ap
peals h"s errored an abused its discretion where the Court's
jurisd'ition to hear and determine the issues is and has been chal
lenged where the appointed counsel was apointed to file a Motion
For New Trial which he refused and fa led to comply with after the
Appellants trial counsel withdrew his Notice Appeal affirmatively
reenforcing the Appellant's verbal Motion For Appeal which the Trial
Judge acknowledged by setting spe0ifics as to the appeal counsel's
appointment* as well as, having given note and acknowledgement of the
Appellant's verbal Motion For Hew Tripl as the relinquishing trial
eaunsel, namely; Attorney Jeffrey Parker whose request to be removed
both supported and substantited the Appellan'A. verbal Motion For New
Trial. Moresor the Honorable Fancy H. Jezek acknowledged the invoked
verbal plea by noting the same on her docket sheet entry when appoint
ing the Appellant an attorney. For during this exchange the Appellant
for a brief moment acted pro se to verbally move for a new trial.
Because the appointed attorney has acted wthout investigating the
facts relevant to the appohtment and acting in a perfunctory and cursory
manner bel.evng his appointment was merely for appeal* For the exist
ing ina0tion on part of the Court largely attributes and contributes
how to the question of jurisdiction by the premature making of a no-
tic eof appeal.
b. REASON FOR REHEARING NUMBER TWO
Appellant, contends and complains that his appointed appeal Attorney
intentionally ana ^nowingly violated the express ana impli it mat^tte
of the United States Supreme Court in the ruling and opinion requiring
the appeal attorney prior to making and filing an AN-^RS BRIEF pur
suant Anders -v- California, 386 U»S» 738 (1967) refused and failed to
make conta t with the Appellant to ascertain if he hau any believed
and/or proposed error that he would like to. be considered for inclu
sion in a brief on appeal which the Appeal attorney fails to g.ve note
and notice of in his filed and considered AJUERS BRIEF.
c« REASON FOR REHEARING NUMBER THREE
Appellant contends that the evidence on "guilt/innocence" is legally
insufficent to support a finding of guilt. For the repeated incon
sistent statements having been made by those proffered by the State'c
-4.
Attorney, who knew, should have known, ana coititd have been known
with the m nimum of due dilligenee in investigation of the facts
being prosecuted would have shown that the State'o chief witness
was not g ven a truthful account effectively denying the appealing
party a fair and impart, al trial,
d. RSASOi; a-Od REHEARING NUMBER !ftJHttb:
Appellant contends that the State* 3 attorney has failed to prove
the enhancement allegat on whete the records and test mony of wit
nesses cannot and w 11 not correct fatally defective pleadings and
documents entered to support the invoked Texas Penal Code, Section
12.42 (d). For the imposition of 75 years is an illegal senten.e.
The Appellant inconcluding would po^nt out that the Panel's
cursory and perfunctory affirmance merely shows that the records has
yet to be reviewed under const tutional scrutiny9 ^G numerous enoi-i
of harm and injury to the trial struoture are present and have af
fected the Appellant hav ng a fa r andimpart al trial prompting the
fil ng of the forgoing Mtid$£&&&/ rehearing.
PRAYER
WHEREFORE, PREMISES CONQUERED, THE APPELLANT P±&Y~ i'hA'J JHIc
COURT dOES GRANTEE APPELLANT'^ REHEAR-.KG Ad-v THAT THIS REHEARINi
dOES RESULT IN THE REVERSAL A.-... REMAIN TO THE TRjlAL COURT FOR FUR
THER PROCEEDINGS.
AIw FURTHER, THAT TH S HONORABLE COURT GRANT ANY A*'. ALL OTHER
RELIEF AUTHORI&EJ BY LA AN , EQU TY.
RESPECT FULLY SUBMITTED,
906981
APPELLANT, PRO SE
ALLREd UNIT/TBCJ-CIL»
2101 F.M. 369 N.
IOWA PAxiK, TEXAS 76367
CERT.tFi.CATE OF SERVICE
I, Willie Lee Ockletree, #1906981 do. on this -date of Augu-t
24, 2015 affix my signature aboveanc below decl3.rin^f certifying,
and conf rm ng this LEi'TER FORM PLEA-, rteto be tarue anJ correct and
the same was placed in 00 tagenreoaici envelope an:* serve uuogi the
State's attorney, namely; d -TRICT ATTORNEY OF BELL C0UTiTY, P. 0. Box
540, Belton,. Texas 76513 by plaing the same in the ALLREd UNIT MAIL
BOS TO BE PICKED UP BY THE ALLREJ UN..T MA L ROOM PERSONEL TO BE LOGGEJ
ANd SUBSEQUENTLY UEPOS TE-j IN U. S. POSTAL SERVICE FOR ^EL.VERY as
STATED AS A TRUE ANd CORRECT .ERVICE CONFIRMED BY MY SIGNATURE BELOV/
-5-
affixed. t ^^^ .
B/WILLIE