Riojas, Jose Luis

Case Information

1562-14

ORIGINAL NO. RG-166R-14 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS.

JOSEL HIS ROORS APPELlART PETITORIES, US. THE STATE OF TEXAS APPELlEe, KESPANDERI,

RECEIVED IN COURT OF CRIMINAL APPEALS FEB 112015 Abel Acosta, Clerk

APPEALER FROM THE 1997TH TWOCAE DISTRICT COURT OF BEYER COUNITY, TEXAS. CAUSE NO. RA18-CR-1304 DINECT APPEAL NO. 04-14-DO217-CR COURT OF CRIMINAL APPEALS PETITION FOR DISCRETIONARY REVREN [ WITH AUTHORITIES] JOSEL HIS ROORS, PROSE TOCY NO. 2918755 CORON TRANSTER FACILITY 610 EM 624 CORON TY. 19024

CRAE WEUMENT RECEIVETED.

IOENTITY OF THE PARAESAND CONSAS.

APRIMNT, PETTONER; TH. JANGER TRiAL CONSSEL

CONSSEL[S] FOR THE STATE [at tRitLANDAPERL]

TRiAL JEiGdE

FAVOR COURT OF APPEALS APRILNTED TUSTICKLS

MR. JOSE JUS RUSJAS, T2J.CJ.COTDIA TRANSFER FACILITY PRO-SE MICHAEL SMURER, LIL. GUANTHNA SAN ANTONIO.TEXAS $78211-1130$

SUCANO, REXO, MENOLAS JAROOD.

MARY ROMANI, 19679. THOICAJDONIC TENNIT 10.1.1.1. MIEVA. SAVANTOANO TEXAS, 78205

CATRERINE STONE, KAREN ANBELINI LUZ. EIENAD, CHAVA TUSTICES. FAVOR COURT OF APPEALS DISPARICT, CAGANA-REEVES TUSTICE CENTER. 200. DADROSSA, SUTE 3200 SAN ANTONIO,TE 78205-3037

THELE OF CONTENTS

EORNITIY OF THE PARTIES AND CONSEL ..... 11 tAGE OF CONTENTS ..... 41 INDEX OF ALVEYMENTIES ..... $1/2$ STATEMENT RESEANDING ORAL ARAVMENT ..... 1 STATEMENT OF THE CASE ..... R STATEMENT OF PROCEDURAL HISTORY ..... 3 CROUND FOR REVIEW OR QUESTION FOR REVIEW

I. CROUND FOR REVIEW ONE ! QUESTION FOR REVIEWONE VIOIation of Petitioners 4th, 15th and 6th Amendment's thrurch the Exclusionary Rule, which Provides that in evidence obtained in Violation of the 4th, 5th and 6th Amendments may not be introduced at trial as evidence to support a defendant's 2012. The purpose of the Exclusionary Rule is to defer toilce misconduct. This is seen, 468, U.S. 897, 957/2984) U.S. Com- admits evidence in Violation of the Exclusionary Rule, the UNITS Endmees must be reversed. Cited in V. Cal., 386 U.S. 1523-24, 4196711 Deck V. No. 344 U.S. 628, 629,634 (2005) Defendant was shecited before July which viciated his 4th and 14th Amend- rients, and state bears burden of reasonable dovet to demonstrate that error was harmless. See Kan V. Vertris, 376 U.S. 386, 394 (2007) Defendant sistereert, obtained in Violation of 6th Amend, tried to counsel malinestible to prove 2012) Notmits EXCEL- HASs, 420 U.S. 714, 722-24 (1973). 4.5 II. CROUND FOR REVIEW THIS ! QUESTION FOR REVIEW THIS Violation of Petitioners 4th and 14th Amendment's thrurch the U.S. process cause in Violation of the 4th -114 Exclusionary evidence and witnesses, The 4th and 14th Amendment's reavive the government to disclose

Sreorice tifless of evidence to detendants for econ- ple: In Beadly Morelland, the Siverge quirt held that Dye process retimes the expecition to disclose when remist, evidence ralorable to be accused when Sich evidence is material to suct or minisment, 303, U.S. 83, 87 (1963): In Bradly the Prosecutor called, to discolose a confession obtained from the derodonts accomplice after the defondant remested Such state - ments. 303 U.S. at 84, the clerks Record refiects that Mr. Rissins, timely filed his ARO se Motion for Discover, pursuant to first 30 AL T.C.CP. and MORIOR Act, Enulever a Bradly Violation occurs when: (1) elidn -ce is rayorable to the accused because it is exoripator of impeachm, ; (2) evidence was impressed by the state either willfully or inadvertently; (3) Prehance, ensined, in United States U. B. state, the court held that the statementss duly under, Bradly orises resurdies of whether the derodont make a remest for the evidence, Favorable evidence is material, if "reasonable probobly" under Bastey is a probobly Sufficient to Indermine confidence in the outcome, it's U.S. at 838, 652 / Horrally common, see Rissins never recorded his DISCOVERY Hacker, usiered of the customary theatance of both trial and state camsefs who ambeshed him to Elea duly with the marancter to arueal the Premeditated document. 18 Years Conile- tion as the record refiects. 6.7

In Bevun for Revecef tifed Ectestant for reviewitnce, Violation of retitioners eft, Amendment thraser the deticient and conspravat of remornance of, formitial and afrehere Camsefs define in Consol, with the state to insure Mr. Rissins, clearly refiected in the outcome of the Prosecutor, and subsertient dismu- -ssul or a clear estibished rish to arueal as corfined of the trial court. Fiskn to Comisee, the Sich fintend -ment provides that in all criminal Prosecutions the accrued shall enter the rish to have Asprstance of Counsel for his defense. The record's refiects that.

the Trial Counsel, "Michael Shorter", actually more- -sented, the Interest of the State, if the sich Amend, I -ment, Violation. Verbode is the entire Procedure, which is the Case, then the harmless error is manufcable, and the Violation is enough to overthin the conviction e.g. the V. 186 U.S. 249,256 (1957). See also U.S. V. 1901 C. "66 U.S. 648,659 n. 25 (1941). The Court has currently found consintional error, usually any should be of the Justice when counsel was totally absent, or PoPUISEd from assisting the accused during a critical state of the Procedure. Mr. Shorter, is the same counsel who entrapped several, consistent and different American citizens such the customary trickery scheme and cannot with the state and SAHSO in similar cases, In ROLE CR 6371, JOSE M. RAGUINTEZ V. STATE, the trial counsel Michael Shorter, acted in cannot with the schemer Prosecutor and defendant ChristoPhER M. DEMONDINO, To ConHER, Mr. PROPLEYERS, For a Reprouted multi-ubjectly deable, JOHN E. YONDY -1edze that Mr. RAGUINTEZ, Possesses no criminal record Mr. Shorter, entreated, from 67 the well known adnuc- tion, for Proportion which resolved in a ten years conviction. See, Flares V. 1,603-641, 500 C. No. 2,040-07. PAB. 5 Flares V. BECAR CVII V. A. EFL U.S. DC NO.513- CV. 278, APEAL AD 14-5061, 10 CERT. 7,8

ARGUMENT

PRAVER FOR RELIEF 10 APPENDIX CERTIFICATE OF SERVICE 12

INDEX OF AUTHORITIES

VI

STRIMEDIT RELANDING DRAI AROUNDIT

Pertioner respectfully expects to this court of Criminal details of terms "Grant" Dral Argument in this matter in order to address issues of constitu- tational masturbation, the Flaxant modern to Mr. KrasaSs rights and on endless list of victims of intertational terrorism. (See 1815C.82331) whose the Great Court's List of Aborner, SANE, officers, trial counsels and masters' notes. Use and meant to decert any new-ferers and international financial institution to have amoratise a proci- table business of human infarction. Elgess V. TAKI EYN SVANA. BEEY. MILUMKEE. TAK E 22. (1827/984)

Present the US Court of Appols liability in Sears V. McGitter, the F2d. 174 LOND (181985) this court should grant as an initial matter on Sears' Hearing to reverse in accord the real facts in Mr. KrasaS wornized conclusion, which would demonstrate that the alleged victim, was harassing a Mo. KrasaS! formal and sexually assaulted his niece "Kosmous FERMANDEES and a series of material excurrents" evidences may both fall and stare, apossals cancea- ed in Cohort with the trial Court to conflict Mr. KrasaS. See Exhibit F.

The Flaxant abuse of discretion of the trial court are clear exposed in several malrions convictions. C9U5C.8195 (18198) In 2018 are 1809 and 2000 C. 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2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2099. and 2

STATEMENT OF THE CASE

PETTIONE, SOSEL US RIANAS, 15 on American CUTTER, EXPERIENENT, and PESIDENT OF BEAR GOALS, TREAS, WHO WAS PRESTATED AND DETER INDICATED, WHO FALGE GREGATIONS OF ASSERVATED ASSAUST WITH DERADY WELFON TO DINGER, PENZ, AND DALLER-ER-IZON, IN, BEAR GOALS, IN, BEAR COUNTS, TREAS, MORRUS, IN PECONS, TREAS, WAS TAKING TO A PERI-INDICATED, PESIDENT, PESIDENT, PESIDENT OF OF THE POWER, CONNASE, MICHEL SHOVE, WHO WAS DETINS, IN CABGOT WITH THE STATE AND TWO COUNTS, TO CONVERT, ME, RIANAS, HOWEVER, SINE, THE PESTION, PESIDENT AND TOGIN, DERADY, DERADY, OF THE CONSEIL, OF THE CIRCUS, OF THE TREAS, AND TREAS, HOWEVER, SINE, THE PESTION, WITCH, THE WITCH, OF THE PESIDENT, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE WITCH, OF THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE WITCH, OF THE PESIDENT, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE WITCH, OF THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE WITCH, OF THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, 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CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, AND THE TREAS, HOWEVER, 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PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, WITCH, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, HOWEVER, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE PESIDENT, THE CIRCUS, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE PESIDENT, THE P

OATEMENT OF PROCEDURAL HISTORY

On November 18th 2014, Petitioner's Amsal was dismissed, based in mere arentage decision, and rines and, states, re earedless the Cortificate of, apellability. Clearly reflect a no-conjondare plea a srement conditioned to a permission to atreal miswant to teX R.AM. Proc. 25.2 (al (2)(c). A Motion For reheapine was die on November 28th 2014, due to the Spaluation-epbber of Petitioners' legal mall in TID.C.T. he was unable to file said motion, but timely filed with the assistance of his Spahouse Lawyer his Motion for Extension of time to file a Petition For Unserfionary ReSiewl, which was srtated by this Govt. Chill. Revears 10th 2015. See NU.R. 1269-14, Paseno. 4.3 Robinson V. Black, 812 F2d 1034 (5th Gr 1987) U.S. V. Ctinc. Sura. infra.

Mr. Dujas once again Confirmed the Castemart, Prickery and canoat Simon's Prosecutors, trial-ate late Cunseils, masistress and 18 th Govt. of Amsals, 10stice. See EHight 11. See Flores V. 4th Govt. of Amsals, 3stice, etAl U.S.DE S. 5.97 KNO . R. 14-CV-663. Balbac A V. Mall, 413 f. 3d 310, 879 (5th Gr. 2005) 1. Eeft V. Mocedauke, 246 F2d 1205 (1994) 3 Rilland V. Stable, 108 F2d. 467 (5th Gr. 1983).

GROUND FOR REVUEW OF GUYSTON FOR REVEW!

I. GROUND FOR REVEW one GUYSTON FOR REVEWONE the Emissionary, the artest in 3,1000 officers in their customary ourrseous' conduct, instead of arrest the real offender Mr. UNHEC. PERF. who ispotted sexually, ferting 15 piece I.MS. ROGINON FERONDES and contnupuls was harassing Mr. FREAS and his family, giving rise to Verbal Confrontation, contact to the alleged character in statement, and faborated evidence, altogether with the channoble vhalation of Mr. FREAS, with the and with Grandmeris resolting in a conspiratorial 15 years conviction. Sfawowid. Mr. REVYS has sainding to challete the admission of illegally obtained evidence give to his constitutional rights violation U.S. V. SORRECI, 1418. (1) Mr. REVYS, IRENST US V. SORRECI, 1418. (2) Mr. REVYS, IRENST US V. SORRECI, 1418. (3) Mr. REVYS, IRENST US V. SORRECI, 1418. (4) Mr. REVYS, IRENST US V. SORRECI, 1418. (5) Mr. REVYS, IRENST US V. SORRECI, 1418. incriminalization, is available to Mr. FREAS. Reserve, upon reasonableness" as the foodstone of Search and Soyue, with evidence, noting about the many or umect the arresting officers and amro- vins, with evidence, passes constitutional mission, as an mortal matter, and, before a arrest was without a valid search warrant. With V. KAMPEY, 1400 U.S. 501, 524-65 (2004) (culturing that Mr. ASHT. not entitled to waistred minority for rexting and evidence, deferent warrant. In would U. S. SORRECI, 1418. the search, deferte, in chaste reasshized that he re- mediately planted a false evidence to invoke Mr. vixson in a murder could have and sufficient to vows conviction. In FREAS V. SORRECI, 1418. derectable and ser offender REVEW, FADERTAYED CHAIR. - 3e5 of Revealized Gaharmis. Serval ACGALITY, after receive several sexual Epilots from the alleged victim, and once Mr. FREAS arrested and deec-

• the in his ostonary conduct Vandallized My Flows dweilins and business, embezzins over Us I million in assets. My look is I Dried, is lost one more in assets. But I have done a ramble of the well known brotality and twice those of S.P.P.D. who usually ossauled several San Antonings' female s, the supreme court has went -led the situations in which you've reluance on a work and is not abilettely reasonable? (1) When a massstrate raises a warrant speed on a deliberate of rocklessly close arvality (2) when a massisstay Eaus to act in a neutral and detached manner (3) when a warrant is passed on an arvality "so jockily in indica of probable cause as to render oripal better in its existence entirely uneasurable, (4) when a war
• tiont is so family deficient that no reasonable orice could believe it to be raised (5) when you've renlessly maintion of knowingly enrty false information into a warrant database to enable future arrests. Franks' L. Selawder, 436 U.S. at 1523 Hermes, U.S. 65 U.S. 12091

The San Antonio Police Retort, received on December 18th rate of 2:45 PM, of the district Mlamers office Gleary reflects that the Pertioner perer co- mounted the arrived offense to the fabricated induct- ment and the concealed Excllptory Evidence, would demonstrate that Mr. Kalas and his family are the real victim's of Seidel assault and, reroost, they and hossily committed to the allied victim Mr. Ma. DAVIRL PEREZ.

Therefore Pertioners, Crivand for Reileulone, Mleston for Reileulone, should be sustained and this court of Criminal Rereals, should reverse the fourth court of Rereals mandate Demon is and allow Mr. Kalas to Perfect his amend as two-se, Herscant the holoing in, Farcey, Calforcina, 42 U.S. 506, 1822 (1975) 3 Flares V, State in 12-12-DOSUS 62, CIRAMP, San Antonio September 9th 2014) No published.

B. GROUND FOR REVLEWTHD/FOURSTON FOR REVLEWTHD

Our process cause violation. Article V of the U.S. Constitution requires disclosure of erccultation enden-ce and putiZation evidence under the doctrine in: BRADY V. MERCAND 383 U.S. 59,83 S.E. (1944) 33 the State, voltage 3 this result when (1) there has been a 124/837 and (2) the evidence misrioble to dermation (3) the evidence misriohave been writtily and madwertendy approached by the State and (4) the evidence ceases a probability sufficient to condermue the confidence of the procedure 25 thomas V. State, 842 S.W. 22389 (19.010.19839999) includin 4, confidential crime. Shapes information. See courtood V. State, 842 S.W. 22389 (19.010.19839999) Stricker V. Breene, 527 U.S. 223,119 S.C. 1936 (1991) Mr. Rialas, with should the office modis propondi of the Becte Court Court, and the Linderpase cohod between the trial counsel, Mr. Shaker, and Prosecutor. Tonelr 124/837, 1983, 1984, and 1985, and doned due to the private contract between U. R and trial counsel to obtain conation by any man of decertion and bration, therefate, confidential. Mr. Rialas, had to start the condtional pea to 5 years which once in front of the consmation trial, 1985, resulted in 1986/87 T.D.C. Conduched to Ameal II. See Exhibit C. the clerk's record clearly shows that Mr. Rialas tonelr Filed several who ie motions in order to preserve the reieasible conscriptional errors, account to rules 39.1 and 44.2. TR. 19.1 which the 1984 court, make noable. Writtily and madwertendy some- - sised in order to conduct Mr. Rialas, and later on HERAL NO. 04-14-00217-CR, the trial Court medecous by tampered the record in order to dismiss a consentor from a rish to a reel, which was exerecely given to Mr. Rialas, miscont to T.R. 26,2 (2) (2) (2) (2) (2) (2) (2) 2 Stricker V. Breene, at 1937, the Surrene Court hall:

Undisclosed evidence, documents, interactions, and instruments. Such as MS. Rossland, Fawcett, and Rettinant as to circumstances, of production of life- time were favorable to rettinner for purpose of study

Finally, when the state thought of over the following- -14 U.S. as value to state, of the state, of the state, for the state, for the state, of the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for the state, for

increased Sentence from 6 to 21 months was prejudicial. The entire second's reflects, that both of trial and appellate Comsels not solely, fullfull the two groups standand required by the 45-Sungeque court by also acted in cannot and the state too, more Mr. Kats. Therefore, consequently with the irreparable matters both counsels and procedure are civil and criminal. Lrables, porsent to 1805, 241,242, 244, 1501-1515, 22316, 42115 C. 1483,1105 (2) (3) and 1968. Mr. Kats, would demonstrate by Preponderance of evidence on myself that at least 80% of convictions in these courts could give obtained by another man of prostatics, in a 15 -minute period in development countries such as, Jack of basic-monopus meals in counter-fill to extreme to 10811ct physical assaults and poisoning the inmates in order to obtain discussion. Convictions, if forms reason the demandants offered-challenge a lot to the 112-selected, appointed suors, whose in general are, piblier employees, police officers among others, sentence their, vietnam and demandant with the maximum available sentence, as preeminent and, in parchment, RENDLDO KIDRES, exposed said TECKERT and, scheme, in 1902, C6 1969, and re-grades, the AcPJUTIAL for said charges, he remain. KIDDapped, as political prisoner in T.D.C.J. See Exhibit 5, 6, 8.

There is no doubt that, Pettinger, Jose bis Kats, faced his trial and appeal without defense, counsel, therefore in order to avoid a major sentence at first trial, Mr. Kats, signed a 2 years conviction, which of the moment of sanction, in Elastant, market to his constitutional claims. Therefore, Pettinger's second for Reveil of question for Reveil number three, should be statement and this, cost of criminal, hereaus should defense the conspiratorial, for the court of appeals, disposal and memorandum of opinion and called Mr. Kats to vertend his appeal as two of, pursuant the notation, in E. COUPONIA, SONA.

APRINENT

Pertioner, Jose Luis Reyes, Cleoply and Spectfica- -Us Sained a Conditional Plea, Nolo Contender as result of threat, force and Undeniable Cohost cmonst, both trial, state lousies and trial count with the promise to afteal the 10 years conviction as condition of the involuntary Plea asrecent which orizinal was, or 8 years Plea, and the trial court malicously convicted him to 18 years TO C. V. B. V. Stevens, supra.

Pertioner learned that these customary-bilict practices are Premediately and letain the same trial court Mary Romm tampered the record in order to dissmies any heartmastain. See EeNoto By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By, By

PRAVER FOR RESIRE

Poblitioner Tose loss Rrases prays this Hgnorptle cover of Grminal, Apeats of Texas "Search" this hif $P_1{D}_{1}R$ Pursuant the Conditional Plea asreement to aPReal, his 15 Peats, deaconion, Conriction and remend this case to the trial cover 10, vacate, this consortatitial Conriction for further Proceeding

Resrectfith Submitted

CERTIFULATE OF SERVICE

I. Pettinger sise his malas, unconstitutionally incarcerated in T.D.C. - D. 1918 Unit, certify Unfor penalty of perour that a tovly and correct COPY OF the forebone 150ftourent FIDA AND 1922-24 was tFansmited 72 IN. ADEL ALOSIA Clerk of the Qvrt of Crenmal Mergals of Tells F. C. Box 15505, Carrol, Suction, Austen, Teas 15211. Yia U.S. Festal service First Class, pusswant 7018 U.SC. $1746.

Dated FEBURP Eth 2015

ADJENEDIE

• No. 1 RR. Vol. 5 fase 38 FlaresV. state, C.O.A; 25 exhort A
• No. 2 Ideal Indictmant and Solve want tonviction In Ro18 CR 1869, marked as Exhort's Binbats
• No. 3 Cortricote or Analobility marked as Exhort C.
• No. 4 Order on Application for Post tonviction wirt marked as Exhort's D. 02

Against Mayra Rubio, used or attempted use of force you will find the defendant not guilty of felony assault.

I'm making those corrections. Other than those corrections, does the State have any object to the charge?

MR. DEMARTINO: No objections, Your Honor.

THE COURT: All right. Now, the defense?

MR. EASTLAND: Yes, Your Honor. And before we make those formal objections I'd like to make a motion for directed verdict.

THE COURT: All right. And based on?

MR. EASTLAND: Based on that hardly a scintilla of evidence has been presented to convict Mr. Flores of these three charges.

THE COURT: Of each of the charges?

MR. EASTLAND: Of each of them.

THE COURT: And that will be denied.

Now, did you have a request for the charge, and I will note for the record that the Court on its own has included, based on the defendant's testimony, unlawful restraint and necessity as a justification. Other than those additions to the charge, do you have any other request?

MR. EASTLAND: We have no objection to the unlawful restraint. We are formally objecting to the

Defendant: MANUEL RIVERA JN #: $1562460-1$

DEFENDANT'S COPY

Address: 1120 W SUMMIT AVE, SAN ANTONIO, TX 78201-5630 Complainant: Aaron Klopp CoDefendants: Offense Code/Charge:-529902-ATT-TAKE-WEAPON FROM PQ GJ: 570481 PH Court: 175 Court #: 175TH SID #:1004517 Cause #: $2013-\mathrm{C}\mathrm{R}4809$

TRUE BILL OF INDICTMENT

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS, the Grand Jury of Bexar County, State of Texas, duly organized, empanelled and sworn as such at the May term, A.D., 2013, of the $22\mathrm{L}\mathrm{T}\mathrm{H}$ Judicial District Court of said County, in said Court, at said term, do present in and to said Court that in the County and State aforesaid, and anterior to the presentment of this indictment: on or about the 15th Day of February, 2013, MANUEL RIVERA, hereinafter referred to as defendant, did intentionally and knowingly and with force attempt to take from Aaron Klopp, a PEACE officer, the officer's FIREARM with the intention of harming Aaron Klopp;

DARRELL
WAYNE
HU: OWELL

Foreman of the Granc Jury

CAUSE NO. 2013-CR-4809—W1

EX PARTE: MANUEL RIVERA APPLICANT

DONNA KAY MRKINNCY DISTRICT CLERK IN THE DISTRICT COURT BE XAR COUNTY DIN NOV 20 P 2-KgTH JUDICIAL DISTRICT

*DEPUEY: BEXAR COUNTY, TEXAS

*Y:

STATE'S RESPONSE TO APPLICANT'S PETITION FOR WRIT OF HABEAS CORPUS

TO THE HONORABLE JUDGE OF SAID COURT:

Comes now the State of Texas by and through its Criminal District Attorney, Susan D. Reed, and files this response to the Applicant's Petition for Writ of Habeas Corpus.

I. Habeas Writ Filed

The Applicant Manuel Rivera filed this petition for a post-conviction writ of habeas corpus pursuant to art. 11.07, § 3(a) Texas Code of Criminal Procedure. The State files this answer pursuant to art. 11.07 § 3(b).

II. Statement of the Case

The Applicant was convicted of committing the offense of Aggravated Assault with a Deadly Weapon in Cause No. 2013-CR-4809 and punishment was assessed at confinement for 7 years. His petition for a writ of habeas corpus was filed on November 12, 2014. The State was served by the District Clerk of Bexar County on November 14, 2014.

III. State's General Denial

The State generally and specifically denies each and every allegation of fact made by the Applicant and demands strict proof of same.

CONCLUSION

WHEREFORE, PREMISES CONSIDERED, the State would ask that the trial court enter an ORDER recommending the relief be denied.

Respectfully submitted,

SUSAN D. REED

Criminal District Attorney Bexar County, Texas

LAUREN SCOTT Assistant Criminal District Attorney Bexar County, Texas PAUL ELIZONDO TOWER 101 W. NUEVA San Antonio, Texas 78205-3030 SBN: 24066843 (210) $335-2411$ (210) $335-2436$ -FAX

Attorneys for the State

CERTIFICATE OF SERVICE

I, Lauren Scott, Assistant Criminal District Attorney, Bexar County, Texas, certify that a true and correct copy of the foregoing response will be mailed to Manuel Rivera, Dominguez Unit, 6535 Cagnon Rd., San Antonio, Texas 78252, and Reynaldo Flores, Cotulla Unit, 610 FM 324, Cotulla, Texas, 78014, on this the 20th day of November 2014.

TRUE BILL OF INDICTMENT

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS, the Grand Jury of Bexar County, State of Texas, duly organized, empanelled and sworn as such at the July term, A.D., 2013, of the JOTTH Judicial District Court of said County, in said Court, at said term, do present in and to said Court that in the County and State aforesaid, and anterior to the presentment of this indictment:

Count 1

Paragraph A

on or about the 15th Day of February, 2013, MANUEL RIVERA, hereinafter referred to as defendant, did use and exhibit a deadly weapon, NAMELY: A KNIFE, THAT IN THE MANNER OF ITS USE AND INTENDED USE WAS CAPABLE OF CAUSING DEATH AND SERIOUS BODILY INJURY, and defendant did intentionally, knowingly and recklessly CAUSE BODILY INJURY to Debra Martinez, hereinafter referred to as complainant, by CUTTING AND STABBING THE COMPLAINANT WITH SAID DEADLY WEAPON;

Paragraph B

on or about the 15th Day of February, 2013, MANUEL RIVERA, hereinafter referred to as defendant, did use and exhibit a deadly weapon. NAMELY: A KNIFE. THAT IN THE MANNER OF ITS USE AND INTENDED USE WAS CAPABLE OF CAUSING DEATH AND SERIOUS BODILY INJURY, and defendant did intentionally and knowingly THREATEN IMMINENT BODILY INJURY to Debra Martinez, hereinafter referred to as complainant, by SWINGING THE KNIFE AT AND IN THE DIRECTION OF THE COMPLAINANT AND BY LUNGING AT THE COMPLAINANT WITH THE KNIFE;

Part

$\begin{array}{ccc}\text{OU}\hfill & amp;1562461-1\text{OU}\hfill & amp;1562461-1\hfill \end{array}$

Count 2

Paragraph A

on or about the 15th Day of February, 2013, MANUEL RIVERA, hereinafter referred to as defendant, did use and exhibit a deadly weapon, NAMELY: A KNIFE, THAT IN THE MANNER OF ITS USE AND INTENDED USE WAS CAPABLE OF CAUSING DEATH AND SERIOUS BODILY INJURY, and defendant did intentionally, knowingly and recklessly CAUSE BODILY INJURY to JAVIER GERARDO GUERRERO, hereinafter referred to as complainant, by CUTTING AND STABBING THE COMPLAINANT WITH SAID DEADLY WEAPON;

Paragraph B

on or about the 15th Day of February, 2013, MANUEL RIVERA, hereinafter referred to as defendant, did use and exhibit a deadly weapon, NAMELY: A KNIFE, THAT IN THE MANNER OF ITS USE AND INTENDED USE WAS CAPABLE OF CAUSING DEATH AND SERIOUS BODILY INJURY, and defendant did intentionally, knowingly and recklessly THREATEN IMMINENT BODILY INJURY to Javier Guerrero, hereinafter referred to as complainant, by SWINGING THE KNIFE AT AND IN THE DIRECTION OF THE COMPLAINANT;

AGAINST THE PEACE AND DIGNITY OF THE STATE.

I, judge of the trial court, certify this criminal case: a is not a plea-bargain case, and the defendant has the right of appeal; (or) is a plea-bargain case, but the defendant has filed a notice of appeal that specifies the appeal if for a jurisdictional defect; (Tex.Rules App. Pro. 25.2(a)(2)(A)); a is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived, and the defendant has the right of appeal; (Tex.Rules App. Pro. 25.2 (a)(2)(B)); (or) is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right * of appeal; (Tex. Rules App. Pro. 25.2(a)(2)(c)); (or) is a plea-bargain case, and the defendant has NO right of appeal; (or) is a revocation of the defendant's community supervision, and the defendant has the right to appeal the court's action revoking the community supervision, but not the underlying conviction (Tex. Code of Crim. Pro. 42:12§23); (or) is an adjudication of guilt following a deferred adjudication, and the defendant has a limited right of appeal (Tex. Code of Crim. Pro. 2.12§5(b)); is a decision on the defendant's motion for forensic DNA testing and the defendant has the right of appeal (Tex. Code of Crim. Pro 64.05); is one in which the defendant has waived the right of appeal.

I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review purposes to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals's judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the court of criminal appeals. Tex. R. App. P. 68.2.

DEFENDANT

Mailing address: Telephone number: Fax number if any: ${ }^{ }$ A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant—a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).

NO. 2012CR1969-W2

EX PARTE

REYNALDO FLORES

$\S$

IN THE DISTRICT COURT

${\mathbf{2}\mathbf{9}\mathbf{0}}^{\mathrm{T}\mathrm{H}}$ JUDICIAL DISTRICT $\S$ BEXAR COUNTY, TEXAS

ORDER ON APPLICATION FOR POST CONVICTION WRIT

The Court having concluded that the allegations of ineffective assistance of counsel contained in an application for a post-conviction writ of habeas corpus create a necessity for a hearing, but that the matter is capable of resolution by means of affidavits, it is ORDERED, as follows:

1. That the Clerk forward a copy of the writ application and its attachments to, George Albritton 'Britt' Eastland, 921 S Saint Marys St. Ste. 2, San Antonio, Texas 78205.
2. That, on or before February 20, 2015, George Albritton 'Britt' Eastland file with this court his written affidavit confirming or denying the allegations of ineffective assistance. a. Please respond to Applicant's allegations regarding the claims of ineffective assistance of counsel, including, but not limited to, the following: (1) Counsel "openly states his evil intention to convict Mr. Flores on the three counts to the indictment. Counsel also states 'we have no objection to convict Mr. Flores for 'unlawful restraint' and we are formally objecting to the necessity instruction.'" (2) Counsel, "right after the court denied his motion [for directed verdict] to convict Mr. Flores to the three counts to the indictment, with knowledge he was losing his bonus and conviction, in a desperate effort tried to introduce the lesser offense of kidnapping, for which the court states that 'Mr. Flores testified very clear that he never kidnapped the victim.' In other words, Mr. Flores had to afford the duress of his trial without defense counsel." b. After you have reviewed the Applicant's writ application, please address any other issues raised by Applicant not specifically listed above and of which you have knowledge or information. c. If there is any additional information not present before the court at this time that is relevant to the court's understanding of this matter, please include any such information to clarify this issue.

1. Simultaneously, George Albritton 'Britt' Eastland shall deliver the affidavit and summation to Applicant Reynaldo Flores, TDCJ ID: 01912036, Cotulla Transfer Facility, 610 FM 624, Cotulla, Texas, 78014.

After these matters have occurred, this Court will forward its Order including its findings to the Court of Criminal Appeals for its disposition of the matter.

Information contained in an affidavit filed pursuant to this order does not represent a violation of the attorney-client privilege. See Tex. R. Evid. 503(d)(3)(stating that communications relevant to issues concerning breach of counsel's duty to his client represents an exception to the rule governing attorney-client privilege).

Failure to abide by this order is subject to a charge of contempt.

SIGNED and ENTERED this day of Sen. 20 F

JUDGE MELISA SKINNER 290th Judicial District Bexar County, Texas cc: Reynaldo Flores TDCJ ID 01912036 Cotulla Transfer Facility 610 FM 624 Cotulla, Texas 78014

NO. 2012CR1969-W2

EX PARTE § IN THE DISTRICT COURT § ${290}^{\text{TH}}$ JUDICIAL DISTRICT REYNALDO FLORES § BEXAR COUNTY, TEXAS

ORDER DESIGNATING ISSUES

The Court having concluded that controverted, previously unresolved facts which are material to the legality of Applicant's confinement exist and need to be resolved, there is a necessity for the suspension of the time limitations enunciated in Article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 § 3(d) (Vernon 2014).

Applicant has alleged the following issue which the court finds requires resolution: a. Violation of Applicant's rights under the Fourth and Fifth Amendments through an unreasonable search and seizure, lacking probable cause or reasonable suspicion. b. Violation of Applicant's rights under the Fifth and Fourteenth Amendments double jeopardy clause; spoliation of evidence and witnesses. c. Ineffective Assistance of Counsel. d. Violation of Applicant's rights under the Eighth and Thirteenth Amendments protection against cruel and unusual punishment, "involuntary servitude - draconian convictions." e. Violation of Applicant's "rights under the Fourteenth Amendment through the conspiracy and deprivation of rights under color of law, obstruction of justice, etc."

Findings will be forwarded to the Court of Criminal Appeals for its disposition of the matter.

SIGNED and ENTERED on $Anuann122015$

JUDGE-MELISA SKINNER ${290}^{\text{th}}$ Judicial District Court Bexar County, Texas

fourth Court of Appeals
San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00217-CR
Jose Luis RIOJAS,
Appellant
v.
The STATE of Texas,
Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR1304 Honorable Mary D. Roman, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice Delivered and Filed: November 12, 2014

DISMISSED

Jose Luis Riojas pleaded nolo contendere to aggravated assault with a deadly weapon and pleaded true to an enhancement paragraph pursuant to a plea bargain agreement. As part of his plea-bargain, Riojas signed a separate "Waiver of Appeal." The trial court imposed sentence in accordance with the plea agreement. The trial court initially signed a certificate stating that "[this] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal;" and "defendant has waived the right of appeal." Riojas timely filed a notice of appeal and the record was filed.

Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure requires " $[t]$ he trial court [to] enter a certification of the defendant's right of appeal in every case in which it enters a judgment of guilt or other appealable order." Tex. R. APP. P. 25.2(a)(2). This court is "obligated to review that record [to] ascertain[] whether the certifications [are] defective." Dears v. State, 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). A certification is "defective" if it "proves to be inaccurate" "when compared with the record." Id. at 614.

Our review of the record discloses that this is a plea bargain case and that Riojas signed a waiver of his limited right of appeal. The trial court expressly advised Riojas at the sentencing hearing that "[y]ou do not have my permission to appeal," and we have not found any indication that the trial court subsequently granted Riojas permission to appeal. Appellant's counsel has filed a notice stating he has reviewed the record and can find no right of appeal.

We abated the appeal for the trial court to reconsider the certification. On October 14, 2014, the trial court signed an amended certification, stating that this "is a plea-bargain case, and the defendant has NO right of appeal" and "the defendant has waived the right of appeal." The certification has been filed in a supplemental clerk's record.

We agree with counsel and the trial court that the record establishes Riojas does not have a right to appeal. We therefore dismiss this appeal. Tex. R. App. P. 25.2(d).

PER CURIAM

DO NOT PUBLISH

Case Details

Case Name: Riojas, Jose Luis

Court Name: Court of Appeals of Texas

Date Published: Feb 12, 2015

Docket Number: PD-1562-14

Court Abbreviation: Tex. App.