Case Information

*1 Clerk Of Records: Mr. Abel Acosta Court of Criminal Appeals Supreme Court Building P.O. Box 12308

Austin, Texas 78711-2308

RECENEI COURT OF CRIMINAL APPERL'S JAN 232015

Abel Acosta, Clerk

Re: NO.37,023 & W-37,879-E Donald Smith vs. The State Of Texas

Find for filing one original and one copy of my motion for the trial court opinion and the court of criminal appeals opinion and for for setting.

By this letter, I have cause a copy to be served on all parties as indicated in the certificate of service.

CC

Respectfully Submitted

I, Donald Smith certify that a true and correct copy of these motions was filed with the clerk and placed in the U.S. Mail box on the ellis unit postage pre-paid addressed to: The Honorable Douglas Woodburn In the 108th Judicial District Court of Potter County, Texas 501 Fillmore St. Amarillo, Texas 79101-2449; Court of Criminal appeals, P.O. Box 12308 Capital Station, Austin, Texas 78711; The Honorable Sharon, Keller Judge, 201 W. 14th Street, Austin, Texas 78711-2308 Executed on the 20, 2015.

Declaration

I, Donald Smith being presently incarcerated, declare under the penalty of perjury that I have read the letter for filing two motions and the foregoing motions and attached appendix A, are true and correct.

Executed on the 20 day of January, 2015

1, Donald Smith being presently incarcerated, declare under the penalty of perjury that I have read the letter for filing two motions and the foregoing motions and attached appendix A, are true and correct. Executed on the 20 day of January, 2015

*2 IN THE COURT OF CRIMINAL APPEALS

| Name | NO.37,023 & W-37,879-E | |--------------------------------------|---------------| | Ex Parte Donald Smith | * IN THE DISTRICT COURT | | Applicant, | * 108th JUDICIAL DISTRICT | | Vs. | * POTTER COUNTY, TEXAS | | The Honorable Judge Douglas Woodburn | * | | The Honorable Judge Sharon Keller | * | | Respondents | * |

MOTION FOR THE TRIAL COURT'S OPINION AND THE COURT OF CRIMINAL OPINION AND MOTION FOR SETTING

TO THE HONORABLE JUDGE OF SAID COURT:

| Name | NO.37,023 & W-37,879-E | |--------------------------------------|---------------|

| Comes Now Donald Smith and files this his motion for the trial court opinion pursuant to Rule 10 of Rules of Appellate Procedure. For Cause Applicant will show the following: I. | * | | Applicant filed his fourth writ of habeas corpus on 9-8-14. The State responded filed mark 9-17, 2014. On 11-12-14 the court of criminal appeals received the writ. See Appendix 1. The trial court never made findings of fact or conclusions of law. The Court of criminal Appeals denied all motions and denied the writ under Texas Code of Criminal Procedure 11.07 sec. 4a,c. See Appendix 1. | II. | | Belief | * | | Applicant is proceeding to the supreme court with his writ and need the opinion of the trial court and the court of criminal appeals as required by Rule 14.1 (i) Supreme Court Rules. Applicant request the court's to send him the opinions. | * | | WHEREFORE PREMISES CONSIDERED, Applicant forever prays for relief. | Respectfully Submitted, | | Donald Smith | E. W. W. S. S. S. | | Donald Smith | E. W. W. S. S. | | Donald Smith #806482 | | | Ellis Unit 1697 FM 980 | | | Huntsville, Texas 77343 | |

Certificate of Service I, Donald Smith certify that a true and correct copy of these motions was placed in the U.S. Mail box on the ellis unit postage pre-paid addressed to: The Honorable Douglas Woodburn In the 108th Judicial District Court of Potter County, Texas 501 Fillmore St. Amarillo, Texas 79101-2449; Court of Criminal appeals, P.O. Box 12308 Capital Station, Austin, Texas 78711; The Honorable Sharon, Keller Judge, 201 W. 14th Street, Austin, Texas 78711-2308 Executed on the 20, 2015.

Declaration I, Donald Smith being presently incarcerated, declare under the penalty of perjury that I have read the foregoing motions and appendix A, are true and correct. Executed on the 20 day of January, 2015.

*3

IN THE COURT OF CRIMINAL APPEALS

NO. 37,023 &; W-37,879-E
Ex Parte Donald Smith
Applicant,
Vs.
The Honorable Judge Douglas Woodburn
The Honorable Judge Sharon Keller Respondents

MOTION FOR THE TRIAL COURT'S OPINION AND
THE COURT OF CRIMINAL OPINION AND MOTION FOR SETTING

TO THE HONORABLE JUDGE OF SAID COURT: Comes Now Donald Smith and files this his motion for the trial court opinion pursuant to Rule 10 of Rules of Appellate Procedure. For Cause Applicant will show the following: I.

Applicant filed his fourth writ of habeas corpus on 9-8-14. The State responded filed mark 9-17, 2014. On 11-12-1410 the court of criminal appeals received the writ. See Appendix 1. The trial court never made findings of fact or conclusions of law. The Court of criminal Appeals denied all motions and denied the writ under Texas Code of Criminal Procedure 11.07 sec. 4a,c. See Appendix 1.

II.
Relief

Applicant is proceeding to the supreme court with his writ and need the opinion of the trial court and the court of criminal appeals as required by Rule 14.1 (i) Supreme Court Rules. Applicant request the court's to send him the opinions. WHEREFORE PREMISES CONSIDERED, Applicant forever prays for relief. Respectfully Submitted, Donald Smith #806482 Ellis Unit 1697 FM 980 Huntsville, Texas 77343

Certificate of Service

I, Donald Smith certify that a true and correct copy of these motions was placed in the U.S. Mail box on the ellis unit postage pre-paid addressed to: The Honorable Douglas Woodburn In the 108th Judicial District Court of Potter County, Texas 501 Fillmore St. Amarillo, Texas 79101-2449; Court of Criminal appeals, P.O. Box 12308 Capital Station, Austin, Texas 78711; The Honorable Sharon, Keller Judge, 201 W. 14th Street, Austin, Texas $78711-2308$ Executed on the 20, 2015.

Declaration

I, Donald Smith being presently incarcerated, declare under the penalty of perjury that I have read the foregoing motions and appendix A, are true and correct. Executed on the 20 day of January, 2015.

*4

Aperentix 2

OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 2601

OFFICIAL BUSINESS STATE OF TEXAS PENALTY FOR 10/24/2014PRIVATE USE SMITH, DONALD TO. C. No. 37878-04-E

${00.26}^6$

MALEED FROM ZIP CODE 78701 In this day, the application for 11.07 WmL of Häbeas Corpus has been received and presented to the Court.

Abel Acosta, Clerk

DONALD SMITH ELLIS I UNIT - TDC# 806482 1697 FM 980 HUNTSVILLE, TX 77343 $J^{2}2-20$ C JANES 3877343 $|\&144444457448\&144444457458$ OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 2601

OFFICIAL BUSINESS

STATE OF TEXAS PENALTY FOR 11/12/2014 PRIVATE USE SMITH, DONALD

TF, CL No. 37878-04-E The Court has dismissed without written order this subsequent application for a writ of häbeas corpus. TEX. CODE CRIM PROC. Art. 11.07; Sec. 4(a)-(c).

Abel Acosta, Clerk

DONALD SMITH ELLISTUNIT - TDC# 806482 1697 FM 980 HUNTSVILLE, TX 77343 $J^{2}2-20$ HUNTS 3877343 $144444457448$ $144444457458$ $144444457458$

${00.26}^6$

MOV 14204 TMALED FROM ZIP CODE 78701 WR-44,750-04

*5 IN: THE COURT OF CRIMINAL APPEAIS:

NO. 37,023 G. W=37,879+E Ex Farté Donald Smith Applicant, Vs. The Honorable Judge Douglas Woodburn The Honorable Judge Sharon Keller Respondents

NOTION FOR THE TRIAL COURT'S OPINION AND THE COURT OF CRIMINAL OPINION AND HOTION FOR SETTING

JAN 26, 2015

TO THE HONORABLE JUDGE OF SAID COURT:

Abel Acosta, Clerk

Come: Now Donald Smith and files this his motion for the trial court opinion pursuant to Rule 10 of Rules of Appellate Procedure. For Cause: Applicant will show the following:

I.

Applicant filed his fourth writ of habeas corpus on 9-5-14. The State responded filed mark 9-17, 2014: On 11-12-14, the court of criminal appeals received the writ. See Appendix 1. The trial court never made findings of fact or conclusions of law. The Court of criminal appeals denied all motions and denied the writ under Texas Code of Criminal Procedure 11.07 sec. 4a, c. See Appendix 1.

II.

Relief

Applicant is proceeding to the supreme court with his writ and need the opinion of the trial court and the court of criminal appeals as required by Rule 14.1 (1) Supreme Court Rules. Applicant request the court's to send his the opinions. WHEREFORE PREMISES CONSIDERED, Applicant forever prays for relief.

Reapactfully submitted,

Dunald Smith 8806482 Ellis Unit 1697 PH 980 Huntsville, Texas 77343

Certificate of Service

1. Donald Smith certify that a true and correct copy of these motions was placed in the U.S. Mail box on the allis unit postage pre-pale addressed to: The Honorable Douglas Woodburn In the 108th Judicial District Court of Potter County, Texas 501 Fillmore St. Amarillo, Texas 78101-2449; Court of Criminal appeals, P.O. Box 12308 Capital Station, Austin, Texas 78711; The Honorable Sharon, Keller Judge, 201 W. 14th Street, Austin, Texas 78711-2308.

Executed on the 26, 2015.

Declaration

1. Donald Smith being presently incarcerated, declare under the penalty of perjury that I have read the foregoing motions and appendix A, are true and correct.

Executed on the 26 day of January, 2015.

In

*6

Aperish 1

OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 3611

OFFICIAL BUSINESS STATE OF TEXAS PENALTY FOR 10/24/2014PRIVATE USE SMITH, DONALD On this day, the application for 11:02 Writ of Häbeas Corpus has been received and presented to the Court.

Abel Acosta, Clerk

DONALD SMITH ELLIS I UNIT - TDC# 806482 1697 FM 980 HUNTSVILLE, TX 77343 $J^{12}2-20$ C.

JANES 3877343 $\left\lvert\, \begin{aligned} & 11 / 1 / 1 / 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111