Case Information
*1 Tracy Salbaw $1436824 Stiles Unit 30120 FM 3514 Beaumont, Te 77785 October 18th, 2015
Motion for Rehearsins Dear Clerk of Court, Please find enclosed or isinal copy of my motion for Rehearsing Pussuant to Texas Criminal Code and Procedure rule 79. because I can not be court-appointed causel, I can not be instructed or advised to be in complete compliance with all court rules in a timely fashion. Thank You! in advance for your time, attention is and consideration.
OCT 192015 AbelAcosta, Clerk
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In the Criminal Court of Appeals, Austin, Texas cause no: 514962207 trial court ws-68,962-08 08:962-01
| Tray Rav Gibson * 1430824 | 3 | 145th Judicial District | | :--: | :--: | :--: | | Stiles Unit | 3 | Nacosdaches County | | 2060 Fm 3514 | 3 | Monorable Judge | | Beaumont, TX 17705 | 3 | Campbell CoD II | | (Pro se Applicant) | 3 | | | - v. | 3 | | | State of Texas | 3 | | | 145th Judicial District | 3 | | | Nacosdaches, TX 75761 | 3 | | | (Respondents) | | |
Morton for Rehearing Texas Rules of Appellate Procedure 79
TO HONORABLE JUDGES: Now comes, Pro se applicant, Tracy Gibson * 1436834 to submit and present his motion for Rehearing in accordance to Texas Rules of Appellate Procedure (T.R. A.P.) Rule 79, to show the following;
I
Jurisdiction The criminal court of Apeads, sua 5 fontes has the jurisdiction over the legal matters in the above stiled cause wo(s) Furthermore, by written order from
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this court, remanded this cause to the trial court as of July 1st, 2015.
II.
History of Case Applicant, entered into a plea bargain of Asgravated Rabbert; for 30 years; in the 145th Judicial District of Nacogloches County and has been in the custody of the state of Texas since; March 3rd, 2007. Applicant, was entered into TDCS since June, 2007.
Applicant, filed a post-conviction writ of habeas corpus pursuant to Article II. 07 Texas Code of Criminal Procedure and it was denied without written order January 7th, 2008. Applicant filed several subsequent II. 07 applications between 2008-2015. Each subsequent II. 07 attempted to supplement other grounds that couldn't be presented in the original II. 07 application because of unreasonable delay and irreversible errors concluded by the trial court post-conviction.
III.
Issues
Applicant, comes now to present his issues to this honorable court to give grounds in support of his motion for rehearing for the followins:
- Applicant, subsequent applications for II. 07 should be reconsidered by this court of criminal appeals sua sponte.
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III. Issues (cont'd) 2.) Applicant, should be allowed and 7 ranted a live evidentiant hearins before his trial court to fact fondans and conclusion of law in regards to the "irreversible errors" 3.) The only hearins held was for ineffective assistance of counsel; Strickland v. Washington, on a bench warrant issued August 5th, 2015. 4.) Applicant, is requestins a live evidentiary hearing in regards to address the irreversible errors caused by the trial court that could 7 rant the applicant relief under Art. (1.07. Texas Rules of Appellate Procedure 78.1 (C)(A)(B)(E) and rule 78.2 Remand in the Interests of Justice. 5.) Applicants indigent status Prevents him to obtain effective representation and requests the courts to appoint him counsel at the live evidentiant hearins.
III.
Certificate of Service Applicant, certifies under penalty of perjury that he has utilized the United States Postal Services to have delivered his motion for rehearing to the Criminal Court of Apeals, Clerk of Court Abel Acosta, P.O. Box 12303 Capital Station, Austin, TX 78711.
*5 Respectfully executed and submitted, 61 me, Tracy Ray Gibson , on this 12th day of, October, 2015.