Delanda Letregg Player v. State

12th (COA) No. 12-15-00259-CV Ref. Tr. Ct. No. 114-0765-14 Delanda Letregg Player (Appellant) v. Twelfth Court of Appeals The State of Texas Tyler Texas (Appellee) FILED IN COUfT ..-' AP=EA^ § 12th Court o< A.-oea)s Disric: To The Honorable Judge's of said Court: MOTION TO SUSPEND FILING FE Rule 5 COMES NOW, Delanda Letregg Player, TDCJ-ID#1955184 Appellant Pro Se/here after in the above styled motion for cause. I. JURISDICTION This Court has appellate jurisdiction in civil and criminal cases decided in the district and county courts. Section 22.201 Government Code II. STATEMENT OF THE CASE Briefly, Appellant Player1, appeals Judgement's Of Conviction By Court— Waiver Of Jury Trial from the 114th District Court Smith County Texas. Cause No. 114-0765-14 Date Judgement Entered: 08/28/14 Offense: MAN/DEL CS PG>=28G<200G Cause No. 114-0761-14 Date Judgement Entered: 08/28/14 Offense: PCSS CS PGl >1G<4G Judge Presiding: Hon: Christi Kennedy Attorney for Defendant: Lacy, LA Juanda T Date of Offense: 09/05/13 SENTENCES SHALL RUN CONCURRENTLY THIRTY (30) YEARS IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Fine: Court Cost: NONE $334.00 (ea. cause no.) Note: The Court Cost are currently in dispute— Where as a Motion Writ of Garnishment was presented to the 114th District Court and file marked 2015 SEP 21 PM 2:37 FILED LOIS ROGERS DISTRICT CLERK— There in said Motion— Appellant Player' has asserted that any and all court fees associated with said cause were waived, pursuant to the plea agreement. As of November 20, 2014 said motion has not been ruled upon— although Appellant did receive copy's of his Judgement of Conviction By Court— as aforementioned each judgement reflect's a. Court Cost: of §334.00 FILED SEPT 15, 2014 ORIGINAL -1- COPY MOTION TO SUSPEND FILING FEE, (Cont. PROPOSED SUBJECT MATTER Appellant Player' moves the Court herein to suspend $205.00 filing fee Tex. R. App. P. 5, pursuant to Twelfth Court Of Appeals letter of November 6, 2015— informing appellant that said fee was to be remitted on or before November 16, 2015 Appellant Player' request of the Court to consider his previously certificate- of indigency status— which he presumes is/was on file w/114th District Court— at a point in time when he was appointed counsel by the Court of Conviction. Appellant has previously requested said records from the 114th District Clerk, on or about September 10, 2015— No response as of Nov. 20, 2015 As a second request has been sumbitted also on Nov. 20, 2015 to obtain Clerk's/ Reporter's Record's for cause. Appellant Player' further submits he was indigent when he was appointed counsel, by the 114th District Court— that said indigent status has not changed. In addition, Appellant Player' "Affidavit of Indigency" ATTATCHED herein for purposes for this Hon: Court to consider suspension of filing fee. To further this matter— incarcerated offender's in the TDCJ-ID do not receive any monetary funding for labor... s/be undisputed. PRAYER WHEREFORE PREMISES CONSIDERED, Appellant prays the Hon: 12th District (COA) for all the aforementioned reasons herein consider his pleadings and thereby GRANT this Motion. SUBMISSION TO COURT Respectfully Submitted, DATED ON THIS THE _20, DAY OF November, 2015 . jj . Pro Se Delanda Letregg Player TDCJ-ID#1955184 Wynne Unit 810 FM 2821 Huntsville, Texas 77349 ORIGINAL -2- COPY 12th (COA) No. 12-15-00259-CV Ref. Tr. Ct. No. 114-0765-14 TWELFTH COURT OF APPEALS IN RE: § DELANDA LETREGG PLAYER - Certificate * "Affidavit of Indigency" § STATE OF TEXAS § § COUNTY OF WALKER I, Delanda Letregg Player, TDCJ-ID#1955184 certify that I am currently incarcerated in TDCJ-ID John M. Wynne Unit 810 FM 2821 Huntsville, TX 77349 located in Walker County. I submit to the Court that I am "INDIGENT" in status. DATED ON THIS THE 20, DAY OF November, 2015 *\ n I J?/fro Se Delanda Letregg Player ^ TDCJ-ID#1955184 Wynne Unit o 0 o UNSWORN DECLARATION UNDER PENALTY OF PERJURY State law, VTCA Civ. Prac & Rem. Code §132.001 - 132.003 I, further certify that the above— under penalty of perjury is true and correct to the best of my knowledge. EXECUTED ON THIS THE_20_, DAY OF November, 2015 ^9 fi fjyy^J^ *P£**¥jft J?e Delanda Letregg Player^ TDCJ-ID#1955184 Wynne Unit 810 FM 2821 Huntsville, Texas 77349 ORIGINAL "3- C0PY District Clerk, 20 November 2015 Lois Rogers 114th District Courthouse 100 N. Broadway Ave. 2nd. Fl. Tyler, Texas 75702 Re: 12th (COA) Case Number: 12-15-00259-CV Ref. Trial Court Case Number: 114-0765-14 Dear Ms. Rogers Appellant Player was advised by the Twelfth Court of Appeals by letter dated November 6, 2015— encouraging him to contact the clerk and the reporter regarding your completion of the record ? Appellant Player is requesting— Whether there is anything the Office's of the District Clerk/Court Reporter needs from him to allow said Clerk/Court Reporter to complete ? And If So ? may you please contact Appellant Player at his current place of confinement. Ms. Rogers may you provide a copy of this letter to the Official Court Reporter in the box provided for such matters. Thank-You — In addition; Ms. Rogers, you may be aware that Appellant Player On or about the 10 day of September a letter/motion was sent to your office—requesting the clerk's and Reporter's Record's for cause} Appellant Player has not received the re quested clerk's/reporter's record's for cause as of Nov. 20 2015. This matter is of concern for the appellant— as he needs said record's to timely perfect his appeal. May you please forward the requested records. Thank-You... Tex. R. App. P. Rule 34.6(b) Sincerly, Se Delanda Letregg Player*-' TDCJ-ID#1955184 Wynne Unit 810 FM 2821 Huntsville, Texas 77349 DUPLICATE/COPY -1" ATTATCHMENT UNSWORN DECLARATION UNDER PENALTY OF PERJURY State law, VTCA Civ. Prac. & Rem. Code §132.001 - 132.003 I, Delanda Letregg Player, TDCJ-ID#1955184 certify that I am currently incarcerated in the TDCJ-ID John M. wynne Unit 810 FM 2821 Huntsville, TX 77349 located in Walker County declare under penalty of perjury that the fore going is true and correct to the best of my knowledge. EXECUTED ON THIS THE 20, DAY OF November, 2015 Delanda Letregg Player (_/ TDCJ-ID#1955184 Wynne Unit o 0 o CERTIFICATE OF SERVICE I, Delanda Letregg Player, TDCJ-ID#1955184 certify that I have sent an inquiry/request for Clerk's/Reporter's Record's for Tr. Ct. Cause 114-0765-14 via United States Mail postage prepaid to the following parties: District Clerk, Appellant, Lois Rogers Delanda Letregg Player 114th District Courthouse TDCJ-ID#1955184 100 N. Broadway Ave. 2nd. Fl. Wynne Unit Katrina McClenny chief-Deputy-Clerk Twelfth Court of Appeals 1517 West Front Street Ste. 354 Tyler, Texas 75702 DATED ON THIS THE 20, DAY OF November, 2015 Delanda Letregg Player ^ TDCJ-ID#1955184 Wynne Unit 810 FM 2821 C 114th Dist. Clk.Rogers' Huntsville, Texas C.C Appellant Player' 77349 [Enclosures as Stated] DUPLICATE/COPY -2- ATTATCHMENT CERTIFICATE OF SERVICE I, Delanda Letregg Player, TDCJ-ID#1955184 certify that I have sent a true and correct "ORIGINAL COPY" of Appellant's Pro Se Motion To Suspend Eiling Fee via United States Mail postage prepaid to the following parties: Katrina McClenny, Chief-Deputy-Clerk Appellant; Twelfth Court of Appeals Delanda Letregg Player 1517 West Front Street Ste. 354 TDCJ-ID#1955184 Tyler, Texas 75702 Wynne Unit * Please Construe: Motion To Suspend Rule 9.3. (herein) DATED ON THIS THE 20, DAY OF November, 2015 Delanda Letregg Player (_/ TDCJ-ID#1955184 Wynne Unit 810 FM 2821 Huntsville, Texas 77349 C. Chief-Deputy-Clerk McClenny' CC Appellant Player' [Enclosures as Stated] ORIGINAL -4- COPY