Case Information
*1 JANIE LEE BRIDGE The RECEIVEDING REACTION TO IN THE COURT OF
APPEALS APPEL 12 PORTH MOSTION TO INTERVENCE MAY 082015 Tegarkana, Texas NIAU ComE: THE APPELant IN The Above and Numbonus Cause's And File this motion to INTERVÊNCE. APPELant usoul shows this Court the following.
ON elui4
The 71st eludicial Court by and through the Asst. District Attorney Abuse, is discretion when he Emproperly a-polic the Law concerning the use of a Prior entrancement on Cause NO: D8:D17X a State Jail felony Punishable under 12.35 (a) To enhance another State Jail felony Punishable under 12.35 (a) to the maximum runishme of a second desire felony.
B. SALk Asst District Attarnay usas Put on Judical Notice on a motion for New Trial threw refeud annumens concerning the illesal use of Cause no. DRIDITX but continue to act in bad faith and continue to turn a blind eftet to its illesal effect. C. INSTEAD OF ACKNOWledge the key, enactment of Law threw its Statute of Penal Cote Section 12.425(b) which srecificous state, finally Convicted of two felonies Other than a state Jail felony Punishable under section 12.35 (a), he enacted his erroneous version of the Lnthase of Punishable under section 12.35 (b) see R.R.V. 6657 Pg 22 line 8-25
*2 D.
APPELlate make his ablection to Cause no: 08:017x during the Rnishment Phase of trial. see R-R.V. 5057 P3-19 Line 10-15 APPELlate Plead wortive to the illesol embbericanent see R-R.V. 5057 P3-15-Line 9-11 E.
During the Runish ment Phase the ASES District Attormer make ennoneous statement to the (utori that the evidence Livout shan that the two Previas Conviction; uss felony: Othoa than a state will felony, see cause no. 08:017x see R-R.V. 5057 P3-1-Line 23-25 F.
APPELlate appeal attomey shaved ineffective asistance bu filins a Ardei Brief and alleding that he dilisently searched both the Cleak: Record and the Reporter's Record and the exhibits in Cause number 12-0374X, and that he examined the facts and reseached the applicable Law of Texas and the United States, and have Painstakinsly seached for any auscable issue, and could not fine am. see Pase 4 of 18. attomeuia Ardei Brief C.
APPELlate thraw Pain stakins effort reseached Case Law to halp all his attomeu Citing. State v, white 959 SU/12d 375 L.TEX, APP. Fort worth, 1998. Peb. ref' 11; webb V, state, 2 S.uv. 3d 508 L.TEX, CIIM, APP. 2000 Waits v. state, 56 SU/13d sL L.TEX, APP. - Fort worth, 2001, and the Criminal Cast of clppeal, heaking in CamPheu, v, state 49 SUv. 3d at 875. only for him to turn a blind eye and not asuse the Case Law, instead he not them into a foot note un arrived. See Pase 16 of 18 andex Brief. These Case Lawis 1souls have Cleakly Showed that the state, ennor by re-usins Cause no: 08:017x as a resvlar felony to enhance appellate conviction to a and desve felony and Sentence him to (30) Leav's.
*3 H.
Appellate therefore repeady ask this court to review the altesation. Set out in this motion to intervencel do a professional evaluation of the Law. Set out in the Penal Cole Statute 12, 425(b) and the Law's that is applicable to state jail felonys that are Rinshable under 12.35 (a) in which this court will cleanly see that cause no. 08: 0177x is a state jail felony Punshable under 12.35(a) and could not be re used to enhance another state jail felony under 12: 35 (a) to a second degree.
The state cannot make a offense what they want if to be solely by if, use for Punishment, they used cause no. 080177 as a regular felony as a second degree felony. (Eactal.)
The trial court ensure and abuse its discretion when it improperly applies the Law, to the fact in which a magistrate or state has rendered a decision that was considered in correct, in light of Prevailing Law by the reviewins authority.
Intead fact.
There has never been anything in Texas Law that prevented any court with Jurisdiction over a criminal case from Noticins and Corrections on Ulesal Sentence. See Mizell v. State. 119 S.14.3d 804 ( Tex.CR. App. 2001).
PRAIER.
WITER EERE, PREMISE, CONSIDERAD, APPPIANT THIRS, this court will fully acknowledge the fact of this injustice that is going blind by the Lower Court and the appointment of appeal attorney, and make the correct ruling concerning the illegal sentence, and any other relief deem troper.
Respectfully Submitted -10mik Lee Blelswe-
*4
Certificate of Service
I amnie Lee Rielsoe honabu Corfies unber Penalty of Penbaw that a true and camect Copu of the motion to InTenvence tias been Provided to clenc: DERA K. Autrey, at BJ. StATE JUSTRE BURDIN 100 NOETH state Line Avenue 20 texarcana, texas bn Plains said document in a Postase Paid envelope and mailing said envelope via united state mail this man with JOUS abunicla Riedase