"O l'§lcl' N) Mr. Hershei Franks #285287 wayne Scott Unit 6999 Retrieve Rd. Angieton, Texas 77515 duly 14, 2015 Court of Criminai Appeais District Cierk; Abel Acosta Supreme Court Bldg. 201 w. 14th St. Rm. 108 P.O. Box 12308 Austin, Texas 78711-2308 Re: EX PARTE HERSHEL FRANKS WRIT NO. 278414-1. Bear Mr. Acosta; Piease find enciosed my response the District Attorney's objections and order. Piease fiie this in the above entitled cause and bring it to your court's attention to be heard with this cause. I want to thank you in advance for your time and attention in this very important matter. I await your court' s response at their earliest convenience. Respectfuiiy requested, \R…§ MQ\ Hershei Franks HL,@” W§® U_N ga@@ny@s§pnnwwm APPEAL s JUL §§ §@ii nbaifi@@§ia,©ierk Cause No.278414-I . E,x PARTE § THE couRT oF cRIMINAL APPEALs HERSHEL FRANks, v § AusTIN, TExAs ' Applicant l APPLICANT'S RESPQNSE TO THE STATE'S 0RIGINAL ANSHER TO THE HONORABLE JUSTICES OF SAID COURT: COHES NOH, HERSHEL FRANKS, Applicant herein and in support of this motion will show this Honorable Court the following: I. Applicant present claims are based upon a factual predict that have not been previously available. Applicant hasn now provided documentation verifying that both the factual and legal basis of these claims was unavailable. On 0ctober 6, 2014 applicant wrote to the Harris County District Clerk: Chris Daniel seeking two copies of two different indictments. See attached Ex. A. On 11-11-14 upon receipt from the District Clerk (a copy is now attached as Ex. B) - applicant was totally unprepared to discover that the Grand Jury returned a "NO BILL." Applicant quickly prepared and submitted his present 11.07. Applicant previously had no way of knowing that the Grand Jury issued a "NO BILL" and subsequentlyl the District Attorney forged an indictment to bring applicant to trial. Applicant in his widest dreams did not even imagine this documentation existed nor that the District Attorney engage in such illegal conduct just to convict applicant, Therefore, it was impossible for applicant to have previously presented his present claims. Because the factual and legal basis were unavailable. See TEX.CODE OF CRIM. PROC. ANN art. 11.07 §4(a)(1): "The current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application filed under this article because the factual §§ legal basis for the clain\ was unavailable on the date the application filed the previous application." Because applicant has provided specific facts establishing that the "NO `BILL"` was previously unavailable which forms both the factual and legal basis of the claims in this 11.07 supra. Therefore, the claims in this 11.07 supra are exempt from being dismissed due to the second successive writ. 11.07 §4 a)(l). HHEREFORE, FREHISES CONSIDERED, Applicant prays that this Honorable court will overruled the recommendations of the D.A. and reach the merits of each claim applicant has _presented in his 11.07 supra, and grant him any other or additional relied is justly entitled to, it is so prayed. Respectfully submitted, m \\e\awt \1<@~\\@ Hershel Franks #285287 Wayne Scott Unit 6999 Retrieve Rd. Angleton, Texas 77515 CERTIFICATE 0F SERVICE I, hereby certify that I have sent a true and correct copy of this motion to` the District Attorney addressed to. Andrew Smith, Assistant District Attorney, lHarris County, Texas, 1201 Franklin St. Ste. 600, Houston, Texas 77002, by placing a true and correct ~copy in the U.S. Mail postage prepaid on this 14th day of July, 2015. \\w\$\s§i `§\Y w\~->‘» Hershel Franks ,// ' 'Ehan(s Hershel 1285237' wayne Scott uni;,i 6999 Retrievel§o. Angleton, Texas 77515 .`/ . 0ctober 6, 2014 ` ;§§, § " ChdsDanml il if District Clerk Dl$frlct Clerk »"_ Chris Daniel ‘ N y ` j tx 210 Caroline St. Ste. 420 nm.. o 0 1 Zopl' i 11 z 1 '- »r Houston, Texas 77002 Re: Optaining two copies of my indictments. ,anny _ ii=i\ q wear Mr. Daniel; _/ Sir, 1 sincerely need your assistance. l need two copies of my original indictment in cause #134805 NOI THE SECOND OFFENDER. The char e is ROd&ER¥ 51 A§SAULI. Also two copies of my indictment in cause §1091 6 the charge is RUBBERY BY AS$AULT. l will enclose a four dollar money order for payment. l want to thank you in advance for your time and attention in tnis matter. Re 'ectfully requested, ranks Hershel ~" ~‘~;~ ~ ~~ *:'~:`~-~'~~' `~ - vf}/@ J/v( E Xl'll BIT A A~..».._._..._._.;_“;:..`: ,::`5;___.:____ November 14, 2014 Hershel Franks #285287 Wayne Scott Unit 6999 Retrieve Rd. Angleton, Texas 77515 Re: Your Request Received: l 1/11/14 Reference Name: Franks, Hershel Cause Number: #278482 Dear Mr. Franks Certif`ied copies of the Criminal document(s) in the above referenced cause number(S) _are enclosed.b § Other: Receipts Your Receipt is enclosed. lf you are due a refund, it will automatically be processed by the Harris County Auditor’s Off`lce. Sincerely, ChriS'Daniel, District Clerk Harris County, Texas By fw Denise Elliott, Deputy District Clerk Enclosure 201 CABOL|NE - P.O. BOX 4651~ HDUS'I'ON. TEXAS ~ -77210-46_5_1 - (713) 755»7300 _ www.hcdistrictc|erk._com__ _