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RICHOLAS AND BABBERA, P.C.
ROY R. BARRERA, SR.*
- BOARD CERTIFIED - CRIMINAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION
ANTHONY NICHOLAS* ' 1926 - 2011
Rc: Juan Torres
Trial Court No. 2012-04-12006-CR WR-83,781-01
ROY R. BARRERA, JR., P.C. ROBERT J. BARRERA, P.C. CHRIS K. GOBER, P.C. MICHAEL A. (TONY) REYES, P.C. MARISSA BARRERA MORALES, P.C.
AN ASSOCIATION OF INDIVIDUAL PRACTITIONERS
4belAcosta,Clork
Dear Mr. Acosta:
I am confused by the dismissal of my application for writ of habeas corpus reflecting as its reason that the conviction was not final and that no mandate had been issued at the time the application was filed in the trial court.
I filed the subject application after the Court denied my Motion for New Trial. I did not file any appeal of such judgment and sentence, whereupon the Court heard my factual and legal presentation on the Writ and denied it.
It is my understanding that a mandate would issue from the Court of Appeals, if an appeal had been taken and the appellate Court had overruled it. My initial pleading to this Court as proposed was an "appeal of the denial" of my writ filed therein. The rule that is referred to in your cited "Exparte Johnson" contemplates a Judgment appealed from and denied. That is not my fact situation and I respectfully would request a reinstatement of any appeal in your Court, or that I be advised respectfully, "where do I go from here?"
Thanking you in advance for your attention and consideration, I remain Sincerely,
Roy R. Barrera, Sr.
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RICHOLAS AND BABBERA, P.C.
ATTORNEYS AND COUNSELDRS AT LAW AN ASSOCIATION OF INDIVIDUAL SOLO PRACTITIONERS EAST NUEVA BY LA VILLITA SAR ANTONIO. TEXAS 78285
SAM ANTONIO TX 780 RBO GRANDE DISTRICT
08 OCT 2015 PM 1 L