Case Information

*1 GTARO\% (0) $998 - 03$

TO\% GLERK, AREL ACOSTA

Iam the no want in this matter. Please File my motivin, And GRing it to the attention of the GURT Foe their com side Ration... If there is any other do wnentation I may need to File, the address where I may be Readledat is Below... thanXyou Foe all your asst in this matter.

*2 IN THE COURT OF CRIMINAL APPEALS OF TEXAS RES CASENo. # WR-70,558-03 STATE TRAL COURT CASE No. # 924707 STYLE: MR. BORRY SCOTT GONZ ALEZ OFFENSES MURDER OUT OFS HARRIS-COUNTY-HOUSTON TEXAS "MOTION-TO-RE-AMEND-HABEAS- CORPUS" - - APPLICATION-OR-PERMISSION-TO-FILE- NEW-APIIICATION-BASED-ON-NEW- EUIDENCE- DISCO UERED-THAT-NAS- WITH-HELD-By-STATE-AGENTS-AND-ON- INFO.-OF: MURDER. COMPINANT-BEING- A-JUUEUILE-CASE-THERE-FORE- CONDIICTION- IS- JUEGAL...

TO THE HONORABLE CRIMINAL APPEALS - JUDGES

I am the above REFER enced cause # 924707, and is CURRently iN CArCERated iN a TID C. Y.-UNIT, iN WOODUILLE, TEXAS. I am beFoRe you, "PRoSE.". Filing this motion, showing con rRavented and un-Resolved fact- iss ues mat eRial as to the legality of my confin ement unders (d).

*3 mURDER CONUCTION which will Require an euid-entiafy-heaking. I will PRes est to thecovert sufficient specific facts establishing that these Chounds for Revelsall could not have been Presented in Previouse filings, because the record was deai ed, and these factual of Legal Basis for the claim was struckdown by the OEST-DAD, who committed "PRoSECTO-RIAL'MIS CONDUCT' and "UN-ETHICAL-BE HAUZOUR" on this Patticw loR cause 924707, By Not making it available even though it is Relevantin record; charge would of Beers dis missed for "No" evidence, and no Rational OUROR could have found me guilty Beyond Reasonthole doubt. I Reqwestfie the court to conduct evidentiafy-healing, or en-banc, and Revi ew these "New-Facts" discoovRed, that weRe with held, intent Finally, by state agents, and Grant my motion on the Grounds as Follows? 2b on: APRIL $13^{th} 2002^{*}$ , while in CEDERALPRISON, I Reques ted for counsel Reopointed. (2).

*4 The rival court bENIED" Requegt being indegen't, and I never spoke to an ATTORNEY-AT-IMM. The person in record, is not an Aty. she was an OSSIDA, who was not yet BAR-CERTIFIED as an OTTY-AT-IMM; this is a (6It-AMENDMENT) U io lation... 2b state-agents who Pro secuted me for mURDER, "WITH-HELD-EXCUPATORY-EUIDENCE/INFO." beforeny extRadition from (EDERAL-WOODD), during trial proceedings, and af teRconuiction namely: they failed to Reveal some one else was' al Ready convicted for this same mURDER" of "SAME-UICTIM", that I was charged with, since" "APRIL 24th, 1999".. (LEASE 6EE8" * CRIMINAL- CAUSE" 788306 CRIN-DEFENDANTS YOUNNI RAMIREZ CONUICTING- JUDGEE R- JONES INTHEE D.C. #178 III, HARRIS-COUITY, TEXAS OFFENSES MURDER OF UICTIME DANIEL' E OMBREPA FOUND GUILTY WITH AFFIRMA TIOE FINDINGS. By A GRAND- JURY PROSECOTING-ATTORNEYS JULIAN RAMIREZ .. (a).

*5 This cause 788306 was "WITH-HELD" and had it been Revealed, it would of DISMISSED the MURDER-CHARGE, due to being evidence favorable to my defense. A "DUE-PROCESS" U FOLATION was done by state-agents NOT REVEALING this, and it is against the law, to CONVICUT "TWO" PERSONS, OR have "TWO" affiRmative Findings CONVICIANS, Resting ON the same issue of MURDER, of same victims DANIEL H. GRRER, 3b STATE-AGENTS "OSED- KNOWN-PERJURED-TESTI" nong" to CONVICt me of a witness they said they had, but once in state-costedy, the witness was NOT in COURT, could NOT be found noR lo CATED. IT IS PERJURED-TESTI" mong" "dieto the fact that it is leakned this is the "SANE-WITNESS" Who, UNDER OATH INA COURT OF LAW, Testified heSEEN SOMBASE else COMMIT this same MURDER, ON: * APPLL 247M, 1999 (REASE SEES CAUSE 788306, ORGUND 2). The PRO SECTORIN cause 788306, is the same PRO SECTOR IN my cause*

*6 924b7. He may not consult one PERSON, using this witness, and say he seen some one commit the number, or: "APRIL 24th, 1999". then, 3 years later, on: "DECENDER 4th, 2002", consult me, using a "missing - witness"; that is the same witness in cause" 788206, and charge testimony to say I committed this some number of some victims" DANIEL H. CABRERA. His "PERCURED-TESTIMONY", and pros ecutoniedged of it, and still proceeded, and 4b. He Reis a new info, as well, discovered in addition of my sentence of 40 years to us, and consultation of number, is "LLEGAL", because this final court that consulted me in cause "924707, never had sURis diction become record shows it is a QUUENILE CASE powered by the TEXAS FAMILY CODE, and the suvenc count must have full sURis diction over 90, on number charge, not final consicting court. (LeASE SEE ATTACHED - EXTRA DI TION - FORMS. TRIALCouch) IS NOT REAUESTING COURT-

*7 THAT HAS SURIS DICITON?... this is evidence, "PRINA-FACIE", to PRove that I was never afforded an "examining - Trial" on this cause, and so pending indichments were ever pending. This makes sentenceand the conviction obtained in the trial court for cause 924707, "IUEGAL". Trial Court never had sURis diction, and there are "No-WARVERS"; valid, of a (sUVENILE-COURT) that was the Reeve. sting - court, for mURDER complaing of victim." DANIEL #-CABRERA." These are grounds for (PPPEND), and had there been a sUVENILE CERTIFICATION, the TEXAS FAMILY CODE onto -matically allows a def-endant to PPPEND, I was never advised of any PPPEND I could take. There are no less eff-charges attached to case, and evidence in Record, Proves this cause 98707 conviction of mURD EROand SENTENCE of 40 yRS T.D.C. 3.3 is "IUEGAL", and must be Reversed. The fact here is, No sUVENILE-COURT waived sURIS diction, many

*8 court. The JUUENile court must havea "UALID" JURisd iction over me, and QR aimed by statute and constitution, in order for nets be certified and Tried again in a adult trial court. There Nonshowing in Record, of this... This is "new EUIDE NCE" Relevant in Record, but with held by state, and had it been Revealed in Rational JUROR could have found me guilty Beyond a Reasonable doubt!". INEED HELPI. THANN- YOU...

"PRAYER" WHEREFORE PREMISES CONSIDERES, I RESPectfully Pray the court of criminal appeals consider this motion, and after Reviem, Reverse and Remandir back to trial court, because it's Relevant of consiction Being illegal, on the GUUENILE- QUESTION... and may this court

*9 BP-5235.051 IAD - CERTIFICATE OF INMATE STATUS U.S. Department of Justice

Federal Bureau of Prisons

| Inmate's Name | Register No. | | :-- | :-- | | GONZALEZ, ROBERTO SCOTT | 11369-179 |

Institution's Address FCC BEAUMONT, P.O. BOX 26045, BEAUMONT, TEXAS 77720-6045 The (Custodial Authority) hereby certifies:

The term of commitment under which the prisoner above named is being held 15 MONTHS
The Time Already Served 263 DAYS
Time Remaining to be Served on the Sentence 194 DAYS
The Amount of Good Time Earned 5. The Date of Parole Eligibility of the Prisoner $0 B / A$
The decisions of the U.S. Parole Commission relating to the Prisoner $N / A$
Maximum expiration date under present sentence: 10-14-2002
Detainers currently on file against this inmate from your state are as follows:

MURDZR

| Dated
$4 ∣ 5 ∣ 67$ | Name and Title
of Custodial Authority
KATHLEEN M. HAWK, DIRECTOR
FEDERAL BUREAU OF PRISONS | By: (Chief Executive Officer)
$\underset{Jonathon Dabbre}{WARDEN}$ | | :--: | :--: | :--: |

(Replaces BP-238(58) October 88) Original: State IAD Administrator; Copy: J &; C File; Copy: Central File (Section 1) Copy: Prosecuting Official (Mail Certified Return Receipt) Copy: Clerk of Court (Mail Certified Return Receipt) (This form may be replicated via word processing)