PD-0614-15
in the RECEIVED IN
COORT OF CRIMINAL APPEALS OP TEXAS COURT OF CRIMINAL APPEALS
NOV 18 2015
NO. PD-
Abel Acosta, Clerk
FILEDIN JOSE AMILPAS,,
Petitioner-Appellant
COURT OF CRIMINAL APPEALS
THE STATE OP TEXAS<
Respondent-Appellee
Abel Acosta, Clerk
On Petition For Discretionary Review Of
Appeal No. 01-14-00053-CR In The Appellate Court
For The First Appellate District At Houston
PETITIONER *,S MOTION REQUESTING LBA'fjE OP COURT
TO FILE ONLY TEE ORIGINAL OF HIS PETITION AND BRIEF
TO THE HONORABLE MEMBERS OF THE COURT:
INTO COURT comes Jose Amilpas ("ABoilpas*'), Petitioner pro se in this ac
tion, to respectfully request leave of Court to file the originals only of all
instruments and papers filed in this appeal. In support of this notion/ Amilpas
would show the Court the following:
I.
Amilpas is proceeding in propria persona in this appeal/ because he is in
digent and unable to retain an attorney. He also has no funds or means of hav
ing xerographic copies made of papers to be filed. Additionally/ the prison's
law library provides ONLY five (5) sheets of carbon paper each week to inmates
who are indigent/ and those five sheets are not sufficient for making the total
number of carbon copies required. See EXHIBIT A — Indigent Supply Request Form
(highlited portion).
II.
The Texas Rules of Appellate Procedure require that an original: and!eleven
(11) copies of the Petition For Discretionary Review ("POR®) and brief (if a PDR
-1-
* is granted) be filed. See TEX. R. APP. PROC. ANN. 9.3(b)(1) (Vernon's 2013). Ad
ditionally/ Amilpas must serve a carbon copy on the District Attorney of Harris
County (id,/ at 9-?5(a)); the State Prosecuting Attorney (id./ at 68.11); and al
so a copy for himself and one for the paralegal (jailhouse lawyer) who is assis
ting him.
The Texas Department of Criminal Justice does EBQT permit inmates to use any
of the Agency's equipment or materials to make xerographic duplications of legal
documents/ or copies of documents an inmate has prepared for filing — not even
where an inmate is indigent. Amilpas does not have an outside source for having
copies made/ and he lacks the funds to have copies made through a vendor. Holly
v. Anderson/ 467 F.3d 1120/ 1122 (8th Cir. 2006) (noting that indigent unrepres
ented parties in the custody of the state/ "likely [do] not have a means to make
additional copies of [their] pleadings.'").
III.
Rule 2 of the Rules of Appellate Procedure provides that a court may allow
a rule to be waived or suspended in the interest of justice or for expediting an
appeal; and Rule 9.3(a)(2) allows a court of appeals to permit a party to file
only the original of "any document." This Court usually does not require an in
digent prisoner to file duplicate copies of his PDR/ and has permitted that the
original only be filed. See/ e.g./ Carbajal v. State/ PD-0789-07 (Tex.Crim.App.
May 30/ 2007) (Rule 9.3(b) T.R.A.P. suspended where appellant is an indigent pro
se prisoner); Canton v. State/ PD-0084-13 (Tex.Crim.App. Jan. 28/ 2013) (same);
PRAYER
WHEREFORE/ PREMISES CONSIDERED/ Amilpas respectfully prays that this Court
will grant this motion/ and will permit him to file only the original of his PDR
and any other instruments in the event the PDR is granted.
Respectfully submitted*
-2-
JOSE AMILPAS/ Petitioner-Appellant
Robertson Unit/ TDCJ No. 1908295
12071 FM 3522 '
Abilene, Texas 79601-8799
VERIFICATION BY UNSWORN DECLARATION
I, Jose Amilpas/ TDCJ-CID No. 1908295/ being presently incarcerated at the
Robertson Unit of the Correctional Institutions Division of the Texas Department
of Criminal Justice/ declare under penalty of perjury that the foregoing is true
and correct.
EXECUTED on this, the NINETEENTH day of OCTOBER, 2015.
isAsk
tteOdJkVJhA/
JOSE AMILPAS
CERTIFICATE OF SERVICE
I hereby certify and declare that a true arid correct carbon copy of the a-
bove and attached PETITIONER'S MDTI0N REQUESTING LEAVE OF COURT TO FILE ONLY THE
ORIGINAL OF HIS PETITION AND BRIEF/ has been served on the following persons on
i
the SIXTH day of NOVEMBER/ 2015/ by placing same into the prison's internal Le-
gal Mail System under the Prison Mailbox Rule/ for delivery by regular U.S. Pos
tal Service first class mail/ enclosed in postpaid and properly addressed envel-
opes, mailed to:
Ms Jessica Caird, Esq.
Assistant District Attorney
Harris County Criminal District Attorney
1201 Franklin Street, Suite 600
Houston, Texas 77002*
and
Ms. Lisa McMinn, Esq.
Stdte Prosecuting Attorney
P.O. Box 13046 — Capitol Station
Austin, Texas 78711-3046
DATED: 05 NOVEMBER 2015 Qz^^'^-jM/JjO^L-J
JOSE AMILPAS
-3-
Indigent Supply Request Form
Failure to complete thisform correctly may result in you not receiving the supplies you requested.
(Print Clearly)
NAME: TDCJ#: DATE:
SIGNATURE: HOUSING:
You must utilize and exhaust your previous issuance prior to completing a new request for supplies. Justification to
receive the below requested supplies must be placed on the back of this form (e.g. already exhausted previously
-issued supplies, active litigation and/or cause number, etc.).
DO NOT WRITE in the "Issued" column (law library use only).
Personal
Supplies Legal
Requested Issued Requested Issued
Paper
Carbon Paper (issued for legal only, exchange required)
Business Envelope (may not exceed 5 per week)
Writ Envelope (requires justification)
Pen (exchange required)
# of letters # of letters . @ $.45
requesting requesting
postage postage
@
1-302 (Rev. 01/12)
EXHIBIT A
Amilpas, Jose
Combined Opinion