in Re: Pablo D. Zuazu, 12-15-00079-CR

in Re: Pablo D. Zuazu

12-15-00079-CR

Tex. App.

Mar 30, 2015

Check Treatment

Case Information

*1 MARCH 27, 2015 Cathy Lusk 12TH Zwart of APPEALS 1517 W. FRONT, STE. 354 Tylor, TX 75702

RE: TR. Ctr. No. 209-0698CE Zuzun, Pablo D.

Dear clerk: Welosed for Flins And the Couers Attention is My Pattition for a Waf of MAMMANUS" ADAMSST the County Couret at Law,*2, in Athens.

Please forward My Application To the Justices.

Pablo Luzun PO Box 9000 Henderson TX 75653

Thank you, Pablo Luzun

To the Housekole 12" Cover of MAMMS, Cones Pablo Diego Zuazu, Russuant Rule 38, Texas Rules of Amelite Procedure, seeking MAdamus relief to conrel A coues in this duediction to perform a ministerial duty.

Jurisdiction

By statute, this coues has authority to issue wats against a dude of an inforise coues in this district. See Teb. 6017 Code No. 4 22.221 (a)(b)(2) (Wost 2004).

Venue Venue is peace, as No office authority to

Te. CT. No. 2009-0698 ec Zmazu, Pablo, IN re Pace Two

Venue (Contd) issue wats against the Respondent is available in this district:

Pasties

Relative

Pablo D. Zuzu PO Box 9000 Henderson TX 75653

Respondent Scott Williams Judg E, Cawly Court 100 E. Tynd St. Rm 101 Athens, TX 75751

ExHOUSTION Relative has no other adequate remedy at law available, and Respondent has expressed his intention to abstain from Rulins on Relators Notionis.

*4 Mr. Ct. No. 2059-0698 CE Zuaem, IN re Pace three

Histony The widerelyins cause Givins rise to Relaties Politioil invelves A'Morton to Revoke Community Supression (in the trial Gunt Cause Mumber shows at the Tof of this Paee), Filed on the 27th of July, 2010, in Hendersool County, Tf. on danhary 5, 2015, Relatoe Fited his motiv Pussuant Sec. 21 (6), Aet 92.12 of Texas Code of Criminal Procedure, Recuestin a hearins (AA.A. 'a t

*5 To. At. Mr. 2009-0698 cl. Zuazu, IN re Pace Four

History (cont'd) ON MARCH 3, 2015, Relative formally Reeuvated the Coues Rule on his Motions. (see APendix 'C'.) IN RESPONSE, Under Seest Willians SENT Relative a Reely ON MARCH 9, 2015, Indicators his disindication to Rule on the Motions. (see APendix 'D'.) Archivistion The Fuxiction of the unit of mandamus is to comel action by vietive of theiè official or quasi- official Positions are charred with a Positive duty to act. See bice Castle TEx-

Trial CT: 16, 2009-06980C 2022 UW re Pace Five

Application

(cond) Read Ltd. Pshig, 1895 W3d 400, 405 (Tex. AM - Tyler 2006, orig. proceeding). Further, mandamus relief is proper to enforce a trial court duty to Parken the ministerial acts of bivina consideration to and Rulina on Notionis properly tried before it. W re Newby, 280 Swsd 298,300 (Tex.AM- Amenills 2007), citing W re Abesterised, 39 swsd 250, 251 (Tex.AMe. -Amenills 2000) (orig. Proc.). $N$ this case, the dudar is expressin his intention of dissecsordin Relata's Notionis for a heaerion and to dussh the MTR. The Respondent dudar clearly has a duty to act.

To.ct. No. 2059-0698 cl Zua2u, In re Pace six

PRAYER Wherefore, Reenises considered, Relator Pray's Relief be Granted and mandamus issue comellies the Respondent dudise To act in his duty to Rule on Relator's Notions. So Prayed. Pabb Zura.

Verification

Pabb D. Zura, do hereby declare undue penalty of Prejury that the facts stated herein are tene 5 correct, and the coies of documents in the Amendix attached here to the cernuise. Pabb Zura. executed March 27, 2015, in Rusb County, Tz.

$N$ Re ZuaZu

APENDIX

*9 RECEIVED BY Jus. L. 15 NANCY A PERRYMAN

FILED FOR RECORD 745 JAN-5 AMIDI 53

Juli DeMoss, Couns Co-ordinator Henderson County Indicié Complet 109 W. Consteaver St, Sts. 106 Athens, TX 75751

RE: Cense Me. 2009-0698cl Mola D. Euxau, Defendant

Dear Court Co-ordinator:

Enclosed for Flows And the Atiention of the Judice in Rom 103 is my "Motion for Heavings on Petition."

Please direct said Motion to the Perre duchet, for settins within the theory (20) days remided under 92.12 sec. 2161 (Fax. Code de. 4002).

Service upon Cawse ( for the state is made This day by 1st Class Mule, at the eddress below. Cc.-Distant mity of the 109 W. Consteaver Rn 106 Athens TX 75751

Jubb D. Euxau * 1908212 1096 W. Consteaver TX 75655

*10

FILED FOR RECORD

Causse No. 2007-0678C LXIS JAM-5 AMID: 53 State \% County Cours 8124 V. \% Henderson County Pablo Zuear \% State of Texas

Motion For Heavings on Petition To the HONORNDE Country Cours: Comes Pablo D. Euxizn, Defendunt in the MOWe-Munbered matter, mid Fursuant Sec. 2161, of AMt 4212, of Texas Code of Criminal Revechure; Resurestives A Heavings on the States Petition To Revoke Probation in the instant causer, or "Motion To Revoke Community Serewisstion," Fitece July 27, 2010, in suive County Cours. Pablo D. Euxizu*1808212 Restettally Reducsted, P.O. BOX 9000

Henderson TX 7565

*11

APPENDIX 'B'

JANimay 27, 2015 Youth Money Coordinatite, County Court 100 E. Tyke Rn 167 MIRs. TR 75757 RE: MOTION To Chasth Petition No. 2009-0699 Cl Deae Eleak: Enclosed For Fllis and Under Lmits - State imediate attrition is my "Motion To Chasth Petition To Reuoke, in the newe- delivered ed cause. Please Notice my Contribution on Pate tive of the Motion. Sermer made To the County ATtnerly, Chisr Davis, 100 E. Tyke, Rn 102, MIRs. TR 75751. Pnsto 2 m 2 m $12 \cdot 8 s \times 7000$ Hewieso TR 75653

*12 Causa No. 2007-0678C State of Texas 4 County Court E Law 4 Hendessand County Hobb Diew Zuaeu State of TYks. MOTION To QuaSH Pettitial to Revoke

To the Moderate Lourty Court at Law, Cores Habb D. Zuaen, Defendant in the Cause Nursered House and Pursuant Me: 1212,42161, Texas Code of Criminal Procedure, Respectfully Reunests that the Court dismiss the State's Motion To Revoke Preeatend.

IN SUPPORT of This Motion the Defendant/Mount would show the Court the Followries:

*13 Canse No. 2029-0678 cl. (Motion To Charm) 9 Mase Two 1. Viseod lee Hianine. a.) That on January 5, 2015, he Filed a Mistid for Hianine on Petition: ...Recurstion a heanine, on the state: July 27, 2010, Motion To Reuske Rehation; b.) That the Praisad of Surcavision this Count intersed on 3/23/2010. Hes been exered Nearly five times; c.) That more than twenty (20) days have slapsed since the Fitive of my Mistid and his heanine has been settedided; and d.) Since the albeations in the Motion To Revske inuske events occurrence more than have ( 9 ), e. c almost five ( 5 )

*14 Causer No. 2028-0628.CE. (Motion to Chasm) &; PAGE Three d)I can't I have (have elapsed) Mo, the detentor is mejudiced, perhaps inerminately, in its ability to locate evidence and witnesses as they on state evidence on the state's behalf. 2. Rule of Law

ON Motion by the defendant the dudare SMML cause the defendant to be brought because the dudare for a hearmin within twenty (20) days of Ethio suid Motion. Act 4212 &; 21 (6) Tex. Code Cen. Rece. 3. Anticattical

Defendant's Motion toe Heurism on Petition was filled for the interts and

*15 Couste No. 2558-0698CL (Motion To Chash) 5 P.M.S. Four 3.) (Courtel) Purchases Provided for in Sec. 21 (b) (CCP), on January 5, 2515, and Delinlants Lriesly Assets: his entitlement To my old All rights invilable him.

As they would isolate in this case, the interests of Justice and a large heavens were more than conclade to the state over the last couple Years. The states facture to research its July 21, 202 Motion to Kwake, or facilitate a heavens on said Matzow, within the "twenty (20) day requirement," cannot be justified or excused for cause. The only relief comertible is dismissal of the 18th of the 2020s. (See Whisement to state, 557 SW2d 102 (Tex. exim. nereals).

*16 Can 3: No. 2024-2628. C P. 11 A. 1. E. 18. 4.) Wherefore, Defendant hasies filed his Hestus the Heavies, Account Texas: (cave of cininue procedure, Mor. 4216 $2116) and his heavies bounces best scheduled as: of this state Hestust Recurts that the state's istion to disuse Pobation be Duashed/Disnised. January 27,2015 Respectfully,

$\frac{Cextification}{I heecoy erating that the Suets stated here.}$ The time is correct, and that service of same is made this day by us. All, in the county Att. executed Vetus in Hentess, Tm. $\frac{22 m 3}{12 s s s}$ . Zueca

*17 March 3, 2015

Yvonda Murry Coordinator County Court at Law 100 E. Tyler, Run 101 Athens, TX 75751

RE: No. 2009-0692-CL Pablo D. Zuazu

Dear Ms. Murry:

Please consider this my formal request for the Court's ruling on my January 27 "Motion to Quash Petition to Revoke".

On January 27, 2015, along with my motion, I requested that you return a bates-stamped copy of my "Motion to Quash Petition" in the S.A.S.E. enclosed; you did not send it. I inquired into the status of said motion on February 12, 2015, yet never received any reply from your office. Could you please comply.

Also, please bring this request to the Judge's attention; immediately.

Pablo D. Zuazu # 1908212 P.O. Box 9000 Henderson, TX 75653

Thank you in advance, Pablo D. Zuazu

*18

APPENDIX
7
COUNTY COURT AT LAW

SCOTT WILLIAMS

JUDGE

LAURIE C. BROWN COURT REPORTER STACEY NORMAN COURT COORDINATOR

HENDERSON COUNTY COURTHOUSE

100 E. Tyler St. Courthouse Room 101 Athens, Texas 75751 Ph (903) 675-6162 Fx (903) 675-6191

March 9, 2015 Mr. Pablo D. Zuazu #1908212 PO Box 9000 Henderson, Texas 75653 RE: Cause No. 2009-0698CL; The State of Texas v. Pablo D. Zuazu Dear Mr. Zuazu: I am in receipt of your letter dated March 3, 2015, which is attached hereto for reference. I do not make rulings of this nature without either (1) an agreement with the county attorney's office, or (2) a formal hearing. Any corespondance to be filed in this matter by either the State of Texas or yourself should be directed to the County Clerk. Her information is as follows:

Mary Margaret Wright
Henderson County Clerk
125 N. Prairieville St.
Room 101
Athens, Texas 75751

DSW/sn cc: Clint Davis, Henderson County Attorney