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ERIC CHRISTOPHER GONZALEZ
Petitioner,
vs.
THE STATE OF TEXAS
Respondent.
IN THE COURT OF CRIMINAL APPEALS
AUSTIN TEXAS
..•; ~: .
TO THE HONORABLE JUDGE DF SAID COURT:
ERIC CHRISTOPHER GONZALEZ, Petitioner h~rein, pro se, !espect-
fully moves this Honorable Court of Criminal Appeals for leave t8~
file the attached Petition for Writ of Mandamus.
Signed on December 08,2015
Respectfully submitted
Eric Christopher Gonz
TDCJ#1863150
McConnell Unit
3001 S. Emily Dr.
Beeville, Texas 781 02
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i
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CAUSE NO. 11-CR-1305-A
WR-62,844-02
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ERIC CHRISTOPHER GONZALEZ
Petitioner,
vs.
THE STATE OF TEXAS
Respondent.
Petition for Writ of Mandamus
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes, Eric Christopher Gonzalez, pro se, and herein kn-
own as the Petitioner, in the above styled and numbered cause, to
request this Honorable Court grant this Petition for Writ of Man-
damus , and wo u 1 d, in support thereof, show ;
I.
That the Petitioner has attempted to exhaust all State Remedies
by filing a Petition for Writ of Habeas Corpus on the day of
Oct 05,2015, with the Trial Court in this cause, regarding the
illegai detention of the petitioner.
II.
That effective this date, Dec 08,2015 has failed to obtain as
ordered said affudavit of Defendant's trial counsel, the Honor-
able Dan Sanchez, Texas State Bar number 24004064--addressing
defendant's claim of ineffective assistance of counsel as alle-
ged in his application for writ of habeas corpus.
The Court further found that Counsel's affidavit should be filed
within thirty (30) days from the signing of this order dated Nov
18th,2015.
Said Counsel has not been made t~ comply after he has failed to
comply with the State's order.
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III.
The Petitioner can_ not fully exhaust all State Remedies or be
afforded a Meaningful First Round Of ~ppeals without said aff-
idavit from Counsel as ordered by the Trial Court, and to show
deficiency by a preponderance of the evidence that counsel's re-
presentation objectively fell below the standard of professional
norms. See Mitchell, 68 S.W.3d at 642. Strickland, 466 U.S. at
694. "Applicant 'must show there is a reasonable probability th-
at, but for his counsel's unprofessional errors, the result of
the proceeding would have been different.' "Reasonable probability
11 is a "probability sufficient to undermine confidence in the out-
come," meaning "counsel's errors were so serious as to deprive the
defendant of a fair trial, a trial whose result is reliable." Id.
at 687, 694; See also Mitchell, 68 S.W.3d at 644.
Prayer
WHEREFORE, Petitioner prays that this Honorable Court issue writ
of mandamus to the Defendant's, ordering _and directing t~em to
obtain the affidavit from Trial counsel as was defualted by said
counsel on record, and before this Honorable Court reslove the
Constitutionality of said claims.
Certificate Of Service
I certify a coply of the foregoing Petition for Writ of Mandamus
in Opposition to the State's denial of a meaningful discovery
process by order of affidavit from trial counsel in (30) days has
been mailed to 107th Judicial District Court of Cameron County,
Texas, 974 E. Harrison St., Brownsville, Texas 78520. And to the
Court of Criminal Appeals, Austin Texas, P.O.Box 12308, Capital
Station, Austin, Texas 78711 ..
On December 8,2015.
Respectfully submitted,
L~·e·C-Ab
Eric Christopher Gonzalez
TDCJ-McComell Unit ID. No. #01863150
3001 s. Emily ·or.
Beeville, Texas 781 02
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