Case Information
*1 RE: Texas Ermesto Bemavides case no. 2013-00R-0654-A Dear Clerk:
WR-82, 033-0 FRECEIVED IN COURT OF CRIMINAL APPEALS SEP 112015 Adelaicosa, Clerk Please File this and present to the Honorable Co. ars. Please return any letter or rulins to the Rethiner Below.
Your Assistance is appreciated. Respectfully, Ermesto Bemavides Sr. * 1910195 Domingues State Ss: 1 6535 Capron Rd San Antonio Ty 78353
*2 In The Court of Criminal Appals of Texas Position for Discretionary Review To The Honorable Sudae:
comes Now, Ernesto Benavides Sr., The Defendant in Case No. 2013-DCR-D654 in the 107th Judicial District in Cameron County, Texas.
The Defendant is requestins the Honorable Court of Criminal Appals to conduct a discretionary review of his case and raises the following ground of Errors.
- The Defendant claims that the Prosecution erred by witholdins evidence that would establish his innocence.
- The Defendant informed the arrestins assent at the scene of the arrest (outside his child's matters residence) that he was not livins at his child's Mothers residence do to Marital Problems (and could not give consent).
- The Defendant also informed the court at his motion to suppress hearing, that he was not livins at the residence.
- Earlier, on the day the Defendant was arrested, Josue Aron Lopez, who was darns the Defendant's Child's Mather, was arrested by 64 the same arrestins assent. Josue Aron Lopez had access to the residence where the evidence was found. The next day when the Defendant went before Maistrate court, the magistrate Judae, Rene DeLoss, Called Josue Aron Lopez, but a bailiff informed the judae he had been released. Josue Aron Lopez is infamous for this type of crime in Brounsville.
- The Defendant only accepted the guilty (like rather than samble on a greater sentence in the event a mistaken verdict was returned.
- The Defendant filed an affidavit a year After the 1882 claiming responsibility in an effort to have his child's Mothers charges
*3 dismissed. The Defendant firmly believes his child's Mother is also innocent since they had been out of the residence all day but in a groovies and fawns bills and she has not aware of the evidence found either. (a) The Defendant allows his affidaat is a fruit ineffiled by an illesed conviction since Prosecution is theold evidence of sssue when Lopez's arrestisince the arresting easnely coerced confessions and consent is and since the State never satisfied the burden of final required that the confessions and consent were voluntary, and since the main reason for these Provisions is to avoid innocent people to be classed at will. Therefore the affidavit should be barred from Harmin the Defendant in further Proceedings. H) Since the State never satisfied the burden of proof required to satisfy voluntary confession and consent, the Defendant allows his Motion to suppress was denied in limitation of the Process of the Law. A mere claim of voluntariness by the arresting agent does not satisfy this burden. Video and audio from the scene will determine otherwise. I) The arresting agent sssue testimony at the suppression hearing and withheld information that Sosue then Lopez was arrested in Connection with the evidence and in Possession of similar evidence and that the Defendant was not in Possession of evidence during the traffic stop and that the Defendant had no affirmative link other than the coerced Consent and Confessions. Therefore, the Defendant allows that the arresting agent who sssue testimony unlated the Process of the Law in an effort to secure an illesed conviction.
Conclusion:
The Pettitianer Prars the Honorable court Intervenes and reviews his case thereafter makes findings consistent with his allestations and reverse his conviction discharging him of his sentence. Respectfully, Bowen Berens