Alderete, David Garza, WR-34,143-02

Alderete, David Garza

WR-34,143-02

| Tex. App. | Nov 2, 2015

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Case Information

341143-02

RECEIVED IN COURT OF CRIMINAL APPEALS

Date: October 28,2015 Nov 022015

Client

TEXAS COURT OF CERMONAL APPEALS RO. BOX 12308, CARITAL STATES

ALVEOL TEXAS 78711 This document contains some pages that are of poor quality at the time of imaging.

REJUNET OF MANDAMLES DERE CIERE;

ENCLERED PLENSE FALD AN ORIGEZUAL ACTITESU FDe WATT OF MANDAMULS TO RE EDED WITH THIS COURT AT THE PROPER TIME.

HERE ATTENTEDM IN THIS MATTER WELL RE GREATLY APPELISTATES, THANK YOU.

DANfE. MELLEY DAVID ALBRETE $^{II} 1746698$ ESTELE UNIT 264 F.M.3478 HUNTSYCLE TEXAS 73320

*2 BATE: DERDEERSE 2015

OFFICE OF THE ATTONNEY GENESAL SHEETAL COLLECTRONS WHET 1590 AD. BEX 12047, 1811-2047 AUSTIN TEXAS 78111-2047 ATTRATONI: B. SCHAFER M. IWERSEN

ENclosed IS A COPY OF DARD G. ADORETE'S PETITON FOR WEST OF MANUAMUS FEEL TO THE CERVAT OF CAMMARAL ADOERS IN THE OAG CASE NO. 4620471081.

BARF G. GELLEY DARD G. ADORETE 20144478 ESTELE WHET 249 F.M. 3498 HUNTSville TEXAS 77320

*3 David AlbeRete ParticHER of V. of Defice of the Attorney Genteer of Texas Responsible of Tob Honserable Jusge of SAto Couat;

Comes New David G. AlbeRete, ParticHER Hespect and Respectfully File this He's Waft of Manbamus to this Couat and would shew this Couat the Followers;

T. TURISDICTION

Aericle non of the Case of Cartminal Procedure Gire this Couat Jurisdiction to Hear this Waft of Manbamus Accordant to Human V. Hughes, 708 3.4 .4d 449, 452 (Tes. Cart. Ape. 1984); "this Court Has Jurisdiction to Issue Wars of Manbamus" "see also State ex. Rel. Cypern v. Bauris, 489 5.4d 4d 444,415 (Tes. Cart. Ape. 1984)

Statement of Case

*4 (4.) On or About Apail 17, 2015 Rettritioner Received a letter from B. SCHAEFER, ALD M. EHEASON, CHELS SUPPORt NUYSTON, SPECTAL Collectionis Hurt, a Copy of which is enclosed as Attachment (A), this letter Bernis Seur to Office of Attomies General, Special Collection Hurt 590, ALSO A CODY WAS SeUT TO THE TEXAS Department of Centralal Justice-Insteltritional Decision, Inmate teust Fund. Placentre a Lirel of Mrs Accolent causerG Mrs Accolent to be Federal. (5.) This letter was for Rettritioner to Annonize the Release of $411, 534.45$ to the Office of the Attomier General of texas from the Funds Held by SAld Teust Fund Account of Rettritioner, All the Funds are" "awakely" to Rettritioner, for "breakdity Compensation" BACK PAY From the Veterans Apprentoratual. (6.) Rettritioner Reelixed to Release SAld Apprent, as the Office of Attomies General Has No Authority to Recues the Inmate Teus Fund of texas Department of Centralal Justice-ILD. To Recues. this, Attach-SEAT (B) clearly shows this. [Hd. 364 (2015-2016) 24th Lecrslartree EC-Crossed texas House Bill 364]; In this Bill Section One, Section 157.162 Family Code is Amended by Abcavio SAssessor (146) to Reads as follows, (eesulted from the Oblivores Enclave to Comply with

A CHILD SUPPORT (Debre) (4) Also Attachment (c) Clearly shows all the Veterans' Formal-27164, the first BARADEAMH on ReverSE size states. As follows: (Are youe Beaulfs exempt from ClAPm de CREDITOES?) Compears ATTAN(DisABILY) Enyments are except from clams of cedittors. With certan exceptions, the payments are not AstENIABLE AND ARE NOT SUBJECT TO ATTACHMENT, LEEY, be SEEVER EXCEPT AS TO CLAZES OF THE UNITED STATES. (5) REITTONIER Has a copy of the Federal Beaulfs for Veterans Neperidants and Suetives HandBook, Puel isHed By the U.S. beparament of Veterans Affairs, 2014 ENETED. In CHAPITER 2, TITLED "SERVICE-CounECTED DESARIETIES, THE SECCLID BARADEAMH LAST-SENTENCE CEREely STATES" (INSAGILITY COMPENSATION Beaulfis" ARE NOT SUBtECT TO FEDERAL be State TAY.) Much less, A counterter Case $^{e.c. 10389, F 8066 - 11 - 86)}$

III. STATE OF LIMITATIONS

PETITONER AsSETS THIS LEEAL HAS BEENl Placed oU HES HINARE TENLY FUIIN ACCOUNT JANCE APRIL 19,2015, CANSERG RETITONIER HUGUE HANDSHETT AND BePAULFAR HEM DUE PRocess By PETITONIER BeaulE bePRIYED OF LIFE, LIBERTY, DE PROPERTY.

Procedural DUE PRocess Involves "TWO STEMS"

*6 FIRST, WINSTHER THERE EXISTS A LIBERTY OF PROBERTY INTEREST, AND SECOND, EXAMENES WINSTHER THE PROCESS PROCEDURES ATTEADMENT HOW THAT DEPARTATION ARE CONSTITUTUALLY SHEECEMENT.

ALSO RESTITONIER CONTEANS THIS IS AN OLD CAUT BROKE, FREN 1934 IN CAUSE NO. C. 110389 AND THE CHILDREN WHICH IT REPERS TO ARE NON CEEUD AND RESTITOVER HAS NO CONTACT WITH. WHERE BY THE STATME OF LEMSTATENIS FREN JUNE 11, 1984 WITH PRESENT DETERCE ADUS IS ALMOST 30 YEARS. CLEARLY THE STATES OF LEMSTATEN'S HAS EXORED.

IT MANUAMUS AN EXPERDEMAGERY REMEDY.

THE STATUTORY ALTHOENTRY FOR MANUAMUS IS FAMED IN FOREAK LAW WITHE ALL WATS ACT, 28 H.S.C. 31651 AND WIDER 28 H.S.C. 31361 ALTHORECTIVE WHTER STATES DESIRECT CAUSES TO HAVE ORIGINAL JURIDICITON TO HEAR ACTENIS BROUCHT TO COMPET AN OFFICER OF THE UNITED STATES TO PERFORM HES DIST. GEARCEALLY, MANUAMUS MAY BE DEFAMED AS A COMMAND OR BROKER ISSELFNE FREN A COURT OF LAW DERECTED TO SOME INTERIOR CAUSES, AGEALCY, DEARD, CORPORATES, OR RESENCE RESEUERING THE PERFORMANCE OF A PARTICULAR BUTY, WHICH RESULO FREN THE OFFICIAL STATES OF THE PARTY TO WHEAN THE WAT IS DERECTED OR FREN THE ORIGRATION OF POSTIRE LAW.

An examination of the Remedys available in the form of Manidamus must start with the off-Repetent gepressionis that it is a "DAASYE" Remedys only to be involved in "extex operatory" structures. In Re Del Hamillon del Co., 183 F. 2d 151 (97m Cre. 1936)

Conclusion

Pertitioner will show the has difficulty Trice thecient Correspondence to numerers. Asecutes (enclosed letter to inmate trust fund) As Attachment (B)) to Resolve this issue. But has been uncessful whereby causing Pertitioner to file this watt of Manidamus.

PRAVE

Wherefore Anemess considered, Pertitioner Respectfully Recues. This Case is issue An order to the Office of the Attdency Ceacel of terms, special collections that $\pm 590$ , Ro. Box 12627, Anstal Texas, Attentoral D. Senefere, and M. Inerson, to Remove the Leam Place on Pertitioners inmate trust fund account immediately.

Respectfully Xypmities David Albeette (5)

ESTELLE LUNIT 264 F.m. 3478 HunTSville Texas 77320

BECLAIRATON

I. David AlbeRette, State undeR Peasant of Perfum that the Reeve want of Manobambs is true and correct to the Best of my Knowledge. BATED THIS THE28A Don of DOTDER BOUS.

David AlbeRette

CURTIFICATE of SERVICE

I. David AlbeRette, Rettrance Iheged States under Peasant of Perfum that a Coer of want of Manobambs has been sent to the Office of the Attomier General, Special Collections Unit 4590, AD. Box 4027, Austria Texas 78711,2027 by Placring the time in the United States MAH PosterE PREPARE ON THIS 28 Aay of DOTDER BOUS.

David AlleRette

David AlbeRette at 17444499 ESTELLE LUNIT 264 F.m. 3478 HunTSville Texas 77320 (4)

ATTACHMENT A.

AUTHORIZATION FOR RELEASE OF FUNDS

TO: Office of the Attorney General, Special Collections Unit 590

AND TO: TDCJ Inmate Trust Fund

RE: Account Number: TDCJ# 01746698 Account Holder: DAVID G ALDERETE OAG Case Number: 4620481081 AG Unit(s): 0219E

I, DAVID G ALDERETE, hereby authorize the release of $$ 11.534.45$ to the Office of the Attorney General of Texas from the funds being held by the TDCJ Inmate Trust Fund.

$\overset{SIGNED:}{\to}$

DATE: DATE: April 17, 2015 M. Iverson

Child Support Division Special Collections Unit

*10 Amentions Inmate Trust Fano Supervisor Ms. Страле Goughia

My Name is Dave C. Aicadette. Ian sweetly inconceaths AT The Estelle unit in Hunthville. In.

My Remember Writin you Ms. Goughia is to give Notice of forthcoming Cittation. My Inmate Trust Fund Her A Lery, Due To Ctilld Support. Above Bill 364 Negates the Lain. Furthermore, My Entire Inmate Trust Fano Nouries Are from the Vuturns Aeminittation, Duasight Compontress Annes (V.A Fism 21-8769 Enclave) Aki $415, 335.1$ Are V.A. Annes Mouries, H.B. 364 - U.A. 8769, Are Legat Remedies Strickily Down Lain Immediately Buain. This Letter Will Serve As Enlained that You Office, (Invent Trust Fano) Mrs. Antona. Don't understand. You Attarted to this important Matter will be greatly Approaches Ms. Goughia.

C C. U.A. #174469 C.C.-Sen. Cwesti. 264 F11 3478 C.C.-Petre Am Fins

Estelle Unit Inmate Trust Fund is Not the Heatsille, In 177326 source of the liea, that Would be the Attorney General's of. Year complaints needs to be sent to their office.

Atnchment D

*11 Bill Text: TX HB364 | 2015-2016 | 84th Legislature | Engrossed Texas House Bill 364 (In Recess)

Bill Title: Relating to the child support obligation of an obligor during the obligor's confinement in jail or prison. Spectrum: Partisan Bill (Democrat 2-0) Status: (Engrossed) 2015-05-21 - Referred to State Affairs [HB364 Detail] Download: Texas-2015-HB364-Engrossed.html

84R19859 KSD-D

By: Dutton, Guilen H.B. No. 364

A BILL TO BE ENTITLEO AN ACT relating to the child support obligation of an obligor during the obligor's confinement in jail or prison.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 157.162, Family Code, is amended by adding Subsection (d) to read as follows: (d) The court may not find a respondent in contempt of court for failure to pay child support if the respondent or the respondent's attorney appears at the hearing with evidence satisfactory to the court showing that: (1) the unpaid child support accrued during the obligor's confinement in a local, state, or federal jail or prison for a period of at least 90 consecutive days, other than (Annate DAGG G.ALORTE confinement: (A) for an offense constituting an act of family violence, as defined by section 71.004, committed against the obligor or a child covered by the child support order; or (B) resulting from the obligor's failure to comply with a child support order; and (2) the obligor did not have sufficient resources available to comply with the child support order during the period of the obligor's confinement.

SECTION 2. Section 157.162 (d), Family Code, as added by this Act, applies to a hearing to enforce an order in a suit affecting the parent-child relationship that commences on or after the effective date of this Act. A hearing that commences before the effective date of this Act is governed by the law in effect on the date the hearing commenced, and the former law is continued in

*12 effect for that purpose. SECTION 3. This Act takes effect September 1, 2015.

*13

ATHOLLMEDIT C

Department of Veterans Affairs

David Garza Alderete

DISABILITY COMPENSATION AWARD ATTACHMENT IMPORTANT INFORMATION

WHEN WILL YOU RECEIVE YOUR FUNDS?

Depending on whether you elect to receive your monthly compensation by check or direct deposit, you should receive your funds within 15 days. Thereafter, your payments will be made at the beginning of each month for the prior month.

HOW CAN YOU RECEIVE HOSPITALIZATION AND OUTPATIENT TREATMENT?

Veterans who have one or more service-connected disabilities as determined by the Veterans Benefits Administration are eligible for medical care through the VA health care system. If you are interested in obtaining VA medical care, you may contact your nearest VA health care facility or the VA Health Revenue Center at 1-877-222-8387.

HOW CAN YOU RECEIVE DENTAL TREATMENT?

If you are evaluated as $100 %$ disabled for service-connected disabilities or as $100 %$ disabled because of Individual Unemployability, you may be eligible for VA dental treatment. For additional information, contact your nearest VA medical center or outpatient Clinic. You can find the address of your closest VA medical center or facility by going to the VA internet website http://www.va.gov/directory.

HOW CAN YOU RECEIVE ADDITIONAL COMPENSATION FOR DEPENDENTS?

Veterans having a $30 %$ or more service-connected evaluation may be entitled to additional compensation for a spouse, dependent parents, unmarried children under 18 (or under 23 if attending an approved school) or a child who became permanently incapable of self-support because of mental or physical defect prior to age 18. The additional benefit for a spouse is payable in a higher amount upon receipt of evidence establishing that the spouse is a patient in a nursing home or so disabled as to require the aid and attendance of another person.

HOW CAN YOU RECEIVE INCREASED BENEFITS BASED ON INDIVIDUAL UNEMPLOYABILITY?

If your service-connected disabilities are seriously disabling to the extent that you are unable to secure and hold steady work/employment, you may apply to receive total disability. To apply for this benefit, you should contact the nearest VA office and complete VA Form 21-8940, "Veteran's Application for Increased Compensation Based on Unemployability," available on the VA forms website at www.va.gov/vaforms.

HOW CAN YOU RECEIVE A CLOTHING ALLOWANCE?

You may be eligible for a clothing allowance if, because of a service-connected disability, you wear or use a prosthetic device or orthopedic appliance which tends to wear or tear clothing. You may also be eligible if a doctor has prescribed medication for a service-connected skin condition, and the medication causes irreparable damage to your outer garments. To apply for this benefit, contact the Prosthetic and Sensory Aids Service at your nearest VA medical center or outpatient clinic. The address of your closest VA medical center or facility is available on the VA internet website http://www.va.gov/directory.

HOW CAN YOU RECEIVE EDUCATIONAL BENEFITS?

A monthly educational assistance allowance is payable to certain veterans. Each program has unique eligibility criteria specified by law, and only one program can be used at any given time. If you need help with your VA education benefits, you can call toll-free 1-888-442-4551 or visit the VA national education website at http://www.gibill.va.gov.

HOW CAN YOU RECEIVE GOVERNMENT LIFE INSURANCE?

If you receive a rating for a new service-connected disability (even $0 %$ ), you may be eligible for Government life insurance if you are in good health (except for service-connected conditions) and apply within two years of this notification of your new disability rating. Call our toll-free number 1-800-669-8477 or visit our website http://www.insurance.va.gov for further information about Service-Disabled Veterans Insurance.

*14

7
AGE YOUR BENEFITS EXEMPT FROM CLAIMS OR CREDITORS?

Compensation payments are exempt from claims of creditors. With certain exceptions, the payments are not assignable and are not subject to attachment, levy or seizure except as to claims of the United States.

HOW DO YOU REPORT A CHANGE OF ADDRESS OR DIRECT DEPOSIT?

Please notify us by calling our toll-free number at 1-877-838-2778.

TO SEND ANY COMPLETED, SIGNED FORMS OR TO FURNISH ANY INFORMATION TO VA

You can obtain the address to mail VA any information or completed forms by calling toll-free 1-800-827-1000 (for the hearing impaired call 1-800-829-4833). You can also locate the address of the closest VA regional office on the Internet at http://www.va.gov/directory or in the Government pages of your telephone book under "United States Government, Veterans."

HOW DO I FIND OUT ABOUT STATE OR LOCAL BENEFITS FOR SERVICE-CONNECTED VETERANS? You should contact your State or local office of veterans' affairs for information on any tax, license, or fee-related benefits for which you may be eligible as a veteran (or surviving dependent of a veteran). State offices of veterans' affairs are available at http://www.va.gov/statedva.htm. You should also contact your local tax assessors office to ask if you are entitled to any personal or property tax relief.

AM I ELIGIBLE FOR COMMISSARY AND EXCHANGE PRIVILEGES?

Honorably discharged veterans evaluated as 100 percent disabled due to service-connected disability, Medal of Honor recipients or, military retirces and their dependents may qualify for Armed Forces Commissary and Exchange privileges.

WHAT CONDITIONS AFFECT RIGHT TO PAYMENTS?

Your award of disability compensation is subject to future adjustment upon receipt of evidence showing any change in the degree of disability.
Your payments may also be affected by any of the following circumstances which you must promptly call to our attention. a. Reentrance into active military or naval service. b. Receipt of armed forces service retirement pay, unless your retirement pay has been reduced because of award of disability compensation. c. Receipt of benefits from the Office of Federal Employees Compensation. d. Receipt of active duty or drill pay as a reservist or member of the Federally recognized National Guard.
If you have a disability-rating of $30 %$ or more, you must promptly advise us of any change in the status of your dependents.
If your award includes special monthly compensation due to the need for aid and attendance, this additional allowance is generally subject to reduction from the first day of the second calendar month of admission to hospitalization, nursing home or domiciliary care at VA expense.
Benefits will be reduced upon incarceration in a Federal, State or local penal institution in excess of 60 days for conviction of a felony. The amount not payable may be apportioned to a spouse, dependent children or parents.
Monthly payments of your award may be stopped if you fail to furnish evidence as requested, fail to cooperate or submit to a VA examination when requested, or if you furnish VA, or cause to be furnished, any false or fraudulent evidence.
Information submitted is subject to verification through computer matching programs with other agencies.
The law provides severe penalties, which include fine, imprisonment, or both, for the fraudulent acceptance of any payment to which you are not entitled.

IMPORTANT

Please notify VA immediately if there is a change in any condition affecting your right to continued payments. Failure to notify us of these changes immediately may result in a debt that you will have to repay.