~ -.. RECEIVED IN
COURT OF CRIMINAL APPEALS
CauseNO. 20/~ Lf{ hDOOI/-
DEC 08 2015
THE STATE OF TEXAS IN THE DISTRICT COURT
Abel ~Gosta, Clerk '· ?z.J.1_ JUDICIAL DISTRICT
f}{q_ 1 t< ()u f<(!__5;. BEXAR COUNTY, TEXAS
PETITION FOR WRIT OF HABEAS CORPUS
RELEASE BECAUSE OF DELAY
To·Cour/f o~··C(;lmfn~l tllf'~&-
come now, f!JCtt/ {< {)?< /c::; <2$ · Petitioner in the above styled and
numbered cause and files his Petition for Release Because of Delay and in support of said
petition would show the Court the following:
I.
Petitioner is illegally confined in Bexar County Adult Detention Center,- in the custody
of ~UG C!(/1 {J4 t!Aif/rpq(J , Sheriff of Bexar County, Texas, and has
been so confined since the date of his arrest on the / 'IJ" day of
II.
~ ~··· •,
_ Petitioner is confined pursuant to criminal complaint number 26,&- (£CtJCJtJfl-
filed in the S £7 Judicial District Court of Bexar Cminzy, Texas, charging Petitioner
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with the felony offense ofr;&.J f.J...~t=/1_~ £ /) l1t/(fJ a violation of Section 3 2_.
I
S1
of the Texas Penal/Health & Safety Code.
III.
Bond has been set in the amount of$ /Dr aJj . Petitioner has not been
authorized to be released on personal bo~d lnd has been unable to post a surety bond in the ·
amount set.
(~
IV.
More than ninety (90) days have elapsed since the commencement of this criminal
action against Petitioner and pursuant to Section 17.151 of the Texas Code of Criminal
Procedure, Petitioner should be released from incarceration. Section 17.151 states in part,
"A defendant who is detained in jail pending trial of an accusation against him must be
released either on personal bond or by reducing the amount of bail required, if the state is
not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony."
Therefore, no statutory grounds exist to prevent the release of Petitioner because of
delay of trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays a Writ of Habeas Corpus
issue and have Petitioner brought before this Court instanter, to the end that he be released
from confinement upon posting a personal bond, or that the amount of bond heretofore set
be reduced to $ S
60 , which is an amount Petitioner can make.
Respectfully submitted,
Attorney for Petitioner Petitioner
CERTIFICATE OF SERVICE
l/
I, hereby certify that on this the 1Q day of 0 u<:lll}tet', 20/~ A true and
correct copy of the above and foregoing Petition for Writ ofHabeas Corpus Because of
Delay was transmitted to the office of the Bexar County District Attorney, Criminal Justice
Center, 101 W. Nueva, San Antonio, Texas 78205
Petitioner
ACKNOWLEDGEMENT
STATE OF TEXAS * * * * *
COUNTY OF BEXAR * * * * *
B,efore me, th{)_eundersigned authority, on this ~~y per~onally appeared .
/llJ9r;i ~uK0 , PetitiOner m the above and foregomg
Petition for Writ of Habeas Corpus Release Because of Delay, who after being duly sworn
stated that the facts contained therein are true and correct.
Sworn to and signed on this the . 3D day of !llo 1-Pm ~
otary Pubhc