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Texas Court of Criminal Appeals March 23,2015
Attn: Mr. Abel Acosta, Court Clerk
P.O. Box 12308, Capitol Station
Austin, Texas 78711
RE: Ex Parte Richard Vera Rodriguez, Trial Cause No. 8114-B
Dear Clerk,
Enclosed, please find Applicant's Motion for Leave of Court in
Order to File Motion for Stay of Proceedings. Applicant humbly
requests that, this Honorable Clerk please file Said Motion among
the above styled, and numbered cause, and perform the necessary
procedures to ensure that, a time, and date may be set for it's
hearing.
Applicant sincerely appreciates this Honorable Clerk's
assistance regarding this urgent matter.
Best .Regard;
RECEIVED .IN // U \f
COURT OF CRIMINAL APPEALS ^V\\/^ Ais&mt>
30 2015
Richard Vera Rodriguez TDCJ #1557396
Dalhart Unit
Abel Acosta, Clerk
11950 Fm. 998
Dalhart, Texas 79022
MOTION DEFIED
DATE: M^l K
BY: P-c
Trial Cause No. 8114-B
Ex Parte § In the Texas Court of
Richard Vera Rodriguez § Criminal Appeals
§ Austin, Texas
Applicant's Motion for Leave of Court in Order to File
Motion for Stay of Proceedings
To the Justice(s)' of Said Court:
Comes Now, Richard Vera Rodriguez T.D.C.J. #1557396, hereafter
Applicant, Pro Se, and humbly requests Permission for Leave of
Court in Order to File Applicant's Motion for Stay of Proceedings
pursuant to the Texas Rules of Appellate Procedure, Rules 10.1,
10.2, and 52.10.
In support of Applicant's Motion Above, Applicant brings forth
before this Honorable Court the following facts:
I.
On January 21,2015, Applicant submitted his Application for Writ
of Habeas Corpus under the Texas Code of Criminal Procedure, Article
11.07. Thereafter, Applicant received conformation from the 222nd
Judicial District Court that, Applicant's Writ of Habeas Corpus, Art.
11.07, had been received, and filed on January 23,2015.
II.
In -accordance with the Tex. Code Crim. Proce. Art. 11.07(3)(b),
Thereafter, the State has (15) days in which to repond to Applicant's
Art. 11.07. Moreover, once the State does enter it's findings (Re
commendations), to the trial court. The court clerk is required to
-1
simultaneously provide Applicant with a copy of the State's findings
(Recommendations), or motions the State .may have filed with the trial
court. Tex. Code Crim. Proce/, Arts. 11.07(3)(b)(c), and 11.07(7).
III.
In the present case, as this Honorable Court may have noticed
Applicant's Writ of Habeas Corpus, Art.. 11.07, was filed, and pre
sented to the State on January 23,2015. From Said date Applicant
counted (15) days which amounted to February 7,2015. Thereafter,
Applicant allotted (5) days in which the U.S. Mail, and the prison
mailroom could deliver to Applicant a copy of the State's findings
(Recommendations), as required by the above State Statute. But,
Applicant never received such crucial copy from the State.
IV.
Clearly, when .the Texas Legislators enacted the Tex. Code Grim.
Proce., Arts. 11.07(b)(c), and 11.07(7). They formulated Said arti
cles with the idea to preserve Applicant's Texas, and United States
Constitutional Amendment Rights, Due Process of the Law, and Equal
Protection Clause. But, as in the present case, when the State
purposely fails to timely provide Applicant with a copy of it's
findings (Recommendations). Then, the State's refusal to abide by
the above Statutory Articles, this strips Applicant of his Texas,
and U.S. Const. Amend. Rights, due process right, to timely submit
Applicant's rebuttal to the State's findings (Recommendations). Be
fore, the trial court determines it's findings of fact, andcon--
elusions of law, and forwards them to the Texas Court of Criminal
Appeals. T.C.C.P., Arts . 11.07(b) (c.) , and 11.07(7). '
V.
It is well established law that, the United States Constitution
does not require the individual States to grant appeals.as a Right
to criminal defendants who seek review of alleged trial.or appel
late errors. Mckane v. Purs ton, 153 U.S. 684, 14 S.Ct. 913, 38 L.
Ed.2d 65 (1894). However, if a State has created an appellate
machinery, such as the Texas Rules of Appellate Procedure, Rule
25(a)(2), with all it's progeny. Which are governed by the T.C.C.P.,
Articles 11.07(3)(b)(c), 11.07(7), and 44.02, and all it's progeny.
Then., the procedures employed in adjudicating appeals must satisfy
the guarantees of the Due Process of the Law, and Equal Protection
Clause of the Texas, and the United States Constitutions.. Therefore,
the State is required to strickly act within the Statutory require
ments embodied in the above mentioned T.R.A.P., Rules, and T.C.C.P.,
Articles. The State's failure to abide by Said rules, and articles
severely infringes upon Applicant'S' Texas, and U.S. Constitutional
Amendment Rights.
VI.
Therefore,• Applicant humbly requests that, this Honorable Court
please grant Applicant's foregoing motion, and remand this case back
to the trial court, and Order the State to timely provide Applicant
with a copy of it's findings (Recommendations), in order to coincide
with Rule 25(a)(2), and Articles 11.07, and 44.02, and all their
progeny. Moreover, to afford Applicant an opportunity to exercise
his Due Process Right, and timely submit Applicant's rebuttal to the
State's findings (Recommendations), so that, it may be timely con
sidered- by the 222nd Judicial District Court. In order to preserve
Applicant's Texas, and U.S. Constitutional Amendment Rights above
as the Texas Legislators had originally imtendl
x l5S72>f£
Richard Vera Rodriguez TDCJ #1557396
-- Prayer
Wherefore, All Things Considered, Applicant prays this Honorable
Court grant Applicant's Motion for Leave of Court in Order to file
Motion for Stay of Proceedings, and any other relief this court may
find Applicant is entitled to. TRAP, Rule 52.10; Bayoil Supply and
Trading v. Jorgen Jahre Shipping, 54 F.Supp.2d 691, 694 (S.D. Tex.
1999) citing Coastal (Bermuda) Ltd. v. F.W. Saybolt & Co., 761 F.2d
198 ,r 203,.n.6 (5th Cir.'1985); ACF Industries Inc v. Guinn, 384 F.2d
15, certiorari denied 88 S.Ct. 1039, 390 U.S. 949, 19 L.Ed.2d 1140.
In order to preserve Applicant's ConsJ^ AAend^^^ights.
tS572>9£
Richard Vera Rodriguez TDCJ #1557396
Inmate's Declaration
I, Richard Vera Rodriguez T.D.C.J. #1557396, declare under
penalty of perjury that the foregoing motion is true, and correct.
Executed on this the 23rd day of March, 2015, on the Dalhart Unit
in Hartley County, Texas.
/-5573fK
Richard Vera Rodriguez TDCJ #1557396
Certificate of Service
I, Richard Vera Rodriguez T.D.C.J. #1557396, Applicant, Pro Se,
certify under penalty of perjury that, a true, and. correct copy of
the foregoing motion has been forwarded by U.S. Mail, Postage Pre
paid, First Class to Jeromie Oney, Assist. District Attorney, Gray
County Courthouse, P.O. Box 1592, Pampa, Texas 79066-1592, on this
the 23rd day of March, 2015.
mitted
(5S7MC
Richard Vera Rodriguez TDCJ #1557396
Dalhart Unit.
11950 Fm. 998 ' '"
Dalhart, Texas 79022