Case Information

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33,330-11

MARCH 2, 2015

KENNETH RAY BROWN #334618 JAMES V. ALLRED UNIT 2101 FM 369 N IOWA PARK, TX 76367

CLERK OFFICE COURT OF CRIMINAL APPEALS P.O. BOX 12308, CAPITOL STATION

AUSTIN, TEXAS 78711

WOTION DENIED DATE: $10-9-15$ BY: P.C.

Re: EX PARTE KENNETH RAY BROWN Trial Court Number:348455-F Writ Number:

CLERK, It has been close to a month since the above styled and trial court numbered has been sent to this court of criminal appeals for filing of the 11.07 writ of habeas corpus application. Therefore, enclosed with this letter is a MOTION for the CLERK to file the writ and thereby issuing a writ number and presenting the writ to the court for consideration. PLEASE INFORM ME AS TO THE WRIT BEING FILED AND PRESENTED TO THE COURT. IF THE WRIT HAS NOT BEEN SENT TO THIS COURT, PLEASE INFORM ME OF SUCH.

KENNETH RAY BROWN

4010 '8800y 1894

S10290 4YM

STV344Y TWNWN0 1014000 NI O3AED3H

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33,33lo-11

IN THE

COURT OF CRIMINAL APPEALS

EX PARTE KENNEIH RAY BROWN, Movant.

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WRIT NUMBER:

$

TRIAL COUNT NUMBER: 348455-F

MOTION FOR CLERK TO FILE AND PRESENT 11.07 HABEAS CORPUS TO THE COURT FOR CONSIDERATION PURSUANT TO THE VOID JUDGMENT EXCEPTION TO THE GENERAL RULE

This motion is to move and urge the Clerk of the Court of Criminal Appeals to file the above styled and trial court numbered in the Court. Thereby issuing a writ number, and presenting the 11.07 habeas corpus application to the Court for consideration as a collateral writ pursuant to the VOID JUDGMENT EXCEPTION TO THE GENERAL RULE. Movant would show the following for this motion request.

I.

According to the facts for this motion. On February 2, 2015 the Judge Presiding, 248th District Court Harris County, Texas ordered the Clerk to prepare a transcript and transmit same to the Court of Criminal Appeals as provided by TEX.CRIM.PROC. Code ANN. art. 11.07 (West 2013). See attached EXHIBIT of the Court Records.

II.

According to 11.071 Section 5 (3)(c) on receipt of the copies of documents from the Clerk, as to the stated documents in the exhibit on page 2. The court of criminal appeals shall determine whether the requirements of Subsection (a) has been satisfied. Also see 11.07 § 4 (a) (West 2013). However, from February 2, 2015, or around Feb. 6, 2015, date exhibit was sent to Brown, and court of criminal appeals. As of this

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date March 2, 2015. Brown/Movant has not received any information as to his instant 11.07 writ received by the Clerk; filed and given a writ number, or whether the writ has been presented to the court for consideration.

III.

Therefore, this motion moves and urges the Court and Clerk to comply with the provisions of $11.071\S 5(3)(c)$ . However, as to the consideration thereof the provisions $11.071\S 5(3)(c)$ and $11.07\S 4(a)$ that has been recommended by the District Court to dismiss the instant 11.07 writ of habeas corpus application. This motion moves and urges this Court by law to extend its duty/responsibility for the sake of justice as to determining whether the instant 11.07 application submitted Pro Se by Brown/Movant meets the requirements of the VOID JUDGMENT EXCEPTION TO THE GENERAL RULE pursuant to the UNITED STATES CONSTITUTION SIXTH AMENDMENT right to counsel and the UNITED STATES SUPREME'S precedent of GIDEON V. WAINWRIGHT, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799(1963) and UNITED STATES V. CRONIC, 466 U.S. 684, 653, 104 S.Ct. 2039, 204380 L.Ed.2d 657(1984) thereof the UNEQUIVOCAL RULE of State and Federal law that requires State Court to appoint Counsel for the indigent defendant/ appellant at all critical stages of the criminal proceedings. Therefore, in order for the Court to determine as complying with $11.071\S 5(3)(c)$ AND THE ABOVE STATED RULE concerning the Sixth Amendment. The Clerk must filed and present Brown's 11.07 habeas corpus to the Court. This motion is to bring the Court's attention to this urgent matter in order to provide Brown's instant 11.07 writ the opportunity to be presented for consideration pursuant to the VOID JUDGMENT EXCEPTION TO THE GENERAL RULE.

Respectfully submitted,

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| EX PARTE | § | IN THE 248TH DISTRICT COURT | |------------------|------|------| | | § | OF | | KENNETH RAY BROWN,
Applicant | § | HARRIS COUNTY, TEXAS |

STATE'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

The Court has considered the application for writ of habeas corpus, the State's answer and official court records in the above-captioned cause. The Court finds that there are no controverted, previously unresolved facts material to the legality of the applicant's confinement which require an evidentiary hearing and recommends that the instant writ, cause number 348455-F, be dismissed because the applicant has failed to include sufficient specific facts establishing that the current claims could not have been presented previously because the factual or legal basis for the claim was unavailable; or that, by a preponderance of the evidence, but for a violation of the United States Constitution, no rational juror could have found the applicant guilty beyond a reasonable doubt. TEX. CRIM. PROC. CODE ANN. art. 11.07 § 4(a) (West 2013).

*5 THE CLERK IS ORDERED to prepare a transcript and transmit same to the Court of Criminal Appeals as provided by Tex. Crim. Proc. Code Ann. art. 11.07 (West 2013). The transcript shall include certified copies of the following documents:

1. The application for writ of habeas corpus;
2. The State's answer;
3. The Court's order;
4. The indictment, judgment and sentence, and docket sheets in cause number 348455 ;
5. The Court's Findings of Fact and Conclusions of Law; and
6. The State's and Applicant's Proposed Findings of Fact and Conclusions of Law (if any).

THE CLERK is further ORDERED to send a copy of this order to the applicant, Kenneth Ray Brown, # 334618 - James V. Allred Unit, 2101 FM 369 North, Iowa Park, Texas 76367; and to counsel for the State, Linda Garcia, 1201 Franklin, Suite 600, Houston, Texas 77002.

By the following signature, the Court adopts The State's Proposed Findings of Fact, Conclusions of Law and Order in cause no. 348455-F.

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| EX PARTE | § | IN THE 248TH DISTRICT COURT | |------------------|------|------| | | § | OF | | KENNETH RAY BROWN,
Applicant | § | HARRIS COUNTY, TEXAS |

CERTIFICATE OF SERVICE

The undersigned counsel certifies that I have served a copy of the State's Proposed Findings of Fact, Conclusions of Law, and Order in cause number 348455-F to the applicant on January 29, 2015, by mail as follows:

Kenneth Ray Brown

334618 - James V. Allred Unit

2101 FM 369 North Iowa Park, Texas 76367

Linda Garcia Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-6657 (713) 755-5240 Texas Bar J.D. #00787163

Prepared by: Joshua Redelman - Intern

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