Case Information

*1 Billy C. Wilkins 1053 W. Commerce Brounwood, Texas 76801

$& a m p; 20, 583 - 45 \ & a m p; Dec. 40, days$

In re: Billy Charles Wilkins W8-39583-10 T7, Ct. No. 13,872-I

Dear Abel Acosta, Please find enclosed the original Motion for Leave To File Retition for Welt of Dandamus, the original Retition for Writ of Dandamus, I kindly ast that in your usual manner that your file the Motion for Leave then bring the matter of both motions to the attention of your Court Respectfully yours, Billy C. Wilkins se

RECEIVED IN COURT OF CRIMINAL APPEALS

DEC 092015

Abet Acosta, Clerk

*2 COURT OF CRIMINAL APPEALS OF TEXAS

IN RE: Billy Charles Wilkins WR-39,583-10 Td. Ct. No. 13,872-1

MOTION FOR LEAVE TO FILE REITION FOR A WRIT OF MANDANIS

To The Honorable Judge of Said Court:

Comes Now, Billy Charles Wilkins, Retitioner in the above entitled and numbered cause and moves the Court for Leave to File his Retition For A Writ of Mandamus and pet- itioner will show unto the Court the following:

JURISDICATION This Honorable Court has jurisdiction to address the issues raised herein pur- suant to Texas Rule of Appellate Procedure Rule 72,1

II.

ISSUES RAISED On the 12th day of February, 2015, petitioner newly discovered his Application for a Writ of Habeas Corpus presented to the 35th District Court Clerk on the 23th day of August, 2007, is in violation to Article II. 07.53, V. A. C.C.P. and the entire force application should have been returned to the 35th District Court Clerk with instructions that the writ issued by the 35th District Judge was without comp. etent jurisdiction.

PRAYER WHEREORE PREMISSES CONSTDEREO, Retitioner prays that this Court grant leave to File his Retition for A Writ of Mandamus, Signed on this 4th day of February 2015.

Respectfully submitted, Billy C. Williams

COURT OF CRIMINAL APPEALS OF TEXAS

IMRE: BILLY CHARLES WILKINS

WR-39,583-10 Tl, Ct. No. 13,872-5

PETITION FOR A WRIT OF MANDADIAS

To The Honorable Judge of Said Court: CONTES NOU! B.illy, Chorkes W.llkins, $◻$ Petitioner in the above entitled and numbered cause andmoves the Court to order a hearing to petitioner's petition for a writ of, noodomes to address issues raised herein and petitioner will shew unto the Court the following:

T

TURISDETION

This Honorable Court has jurisdiction to address the issues and claims raised herein pursuant to Tross Rules of Appellate Procedure Rule 72

II. ESSUES RATSED

T II, 07-TWE STATUTE

Habeas corpus petitions in non = capital felony cases fall under Chapter II of the Texas Code of Criminal Procedure, Article II.ol defines the writ as follows: The writ of habeas corpus is the remedy to be used when any person is rest- rained in his liberty. It is an order issued by a court or judge of compe t - ent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such a person, at a time and place named in the writ, and shav wihy he is best in custody or under rest- raint.

The writ of babeas corpse is the reaed

Article II. 27 applications. This section pertains to applicants who seek relief from a felony judgment imposing a penalty other than death. For practitioners, the most important provisions to remember when dealing with this section are: where the application is filed. Section 3(b) of art. II. 27 states that an application must be filed with the clerk of the court in which the conviction being challenged was obtained, and that the clerk shall assign the application to that court.

Court of Criminal Appeals of Texas. Application for a Writ of Habeas Corpus Seek- ing Relief from Final Felony Conviction Under Code of Criminal Procedure, Article II. 27 TNSTRUCTONS

Specifically: 3. You must file the entire writ application form, including those sections that do not apply to you. If any pages are missing from the form, or if the form has been downloaded and the questions have been renumbered or omitted, your entire application will be returned as non-compliant. If your application is returned as non-compliant, the clerk of the trial court will write a note of the defect on your application and return the form to you without filing it.

On the 23rd day of August, 2007 petitioner mailed to the 35th District Court Clerk Jon Brown his Article II. 27 Application for a Writ of Habeas Corpus. Enclosed with said application was a letter of instructions to the clerk, One Application for a Writ of Habeas Corpus. One Memorandum of law, with a copy of the State's complaint, and one copy of the grand juicy indictment. Please, will you make one copy for the District Attorney, then file said some presenting the copy to the D.A. then bring the original to the attention of the Court.

On the 12th day of February, 2015, petitioner received from the 35th

*5 Distribt Court Clerk, Cheryl Jones a copy of the original application for a Unit of Habeas Corpus assigned Coure Number 13, 872-1. In accordance to the Instruation number 3 designed by the Court of Criminal Appeals, I must file the entire unit application form... The Court of Criminal Appeals as a duty to have returned the entire application as non-compliant to the clerk of the trial court because said application is in violation of Article 11.07 Section 3. An application must be filed with the clerk of the court in which the conviction being challenged was obtained...

Instead of the Court of Criminal Appeals having returned the entire application on non-compliant, to the clerk of the trial court because said application is in violation of Article 11.07 §3, the Court issued a order because the sets out on pape five of the application:

You may attach a memorandum of law to the form application if you want to present legal authorities, but the Court will not consider groups. unds for relief in a memorandum of law that were not stated on the form application, Attitioner in his memorandum of law brought up a ground for relief by abouing of a fatally defective in diclment. Attitioner. gravely regrets he failed to present the ground on the form application.

The order issued by the Court of Criminal Appeals after there decision to application we-39,583-10 has no general effect to an application that v. 101 actes Article 11.07 §3. The unit of habeas corpus is the remedy to be used when any person is restrained in his liberty. It is on order issued by a court or judge of competent jurisdiction...

Here the unit issued by the 35th District Court Judge was without comp etent jurisdiction because the form application is in violation with Article 11.07 §3 V.A.C.C.P. and instructions set forth on the form application.

PRAYER

WHEREFDRE, PREMISES CONSIDERED, petitioner prays that this Honorable Court after conducting a hearing and considering petitioner's issuer caised in his Fation For Writ of Mondamus issue the Writ of Monda- mus Order the Court of Criminal Apposit is Order for Abuse of the Writ to be set aside and return to the ctert of the $35^{th}$ District Court the entire form application Cause Number 13, 872-7 for Failure to comply with Article 11.0783 as well as the instruction 3 upon the form application. Signed on this the $4^{th}$ day of December 2015.

Respectfully submitted, Bibp C. Wibbino, Pro sa