Crank, Alex, Ii
PD-0203-15
| Tex. App. | Sep 17, 2015
Case Information

*1

P D − 0203 − 15

No, ABEL ACOSTA, C LERK COURT OF CRIMINAL APPENLS OF TEXAS P.O: B0k 12308, CAPITOL STATION

AUSTIN, TEXAS, T8711 RE: 03-09-00/09-CR CAUSE # 2007-CR-10969-WI

RECEIVED IN

COURT OF CRIMINAL APPPEALS SEP 102015 4DeiAcosta, Cterk Dear clerk,

ENCLOSED PLEASE FIND MY PRO SE APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEN. PleASE FILE THIS MOTION AND BRING IT TO THE ATtention of the court. PleASE NOTIFY ME OF THE COURT'S RULING ON MY MOTION AT MY ADDRESS SHOW BELOW. THANK YOU FOR YOUR ASSISTANCE IN THIS MATTER, FILED IN COURT OF CRIMINAL APPEALS SEP 172015 SINCEKELY, Abel Acosta, Clerk

Lhich

Pro se appellant/petitioner ALEX S. CRANK II TID.C.J. # 01559591 3872 FIM. 350 SOUTH - POLUNSKY LIVINGSTON, TEXAS 77351

SEPTEMBER 7, ANNOJDANSKY 2015

DATED

*2 No.

ALEX CRANK, II, APPElLANT V.

THE STATE OF TEXAS

IN THE COURT OF CRIMINAL APPERLS OF TEXAS

PRO SE APPElLANT'S MOTION FOR EXTENSION OF TIME TO FILE REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE COURT OF CRIMINAL APPERLS:

COMES NOW, ALEX CRANK, II, APPElLANT/PETITIONER, IN THE ADOVE STYLED AND NUMBERED CAUSE AND FILES THIS PRO SE APPElLANT'S MOTION FOR EXTENSION OF TIME TO FILE REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW. PETITIONER RESPECTFULLY MOVES THIS HONORABLE COURT TO EXTEND THE TIME FOR FILING THE REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW IN THIS CAUSE AND IN SUPPORT THEREOF WOULD SHOW TO THE COURT THE FOLLOWING:

  1. THE STYLE AND NUMBER OF THIS CASE IN THE COURT OF CRIMINAL APPERLS OF TEXAS IS: EXPARTE, ALEX CRANK, II, APPLICANT V. THE STATE OF TEXAS ON AN APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2007-CR-10969-WI IN THE 227th DISTRICT COURT FROM BEXAR COUNTY, No. WR-82, 671-01.

  2. THE STYLE AND NUMBER OF THIS CASE IN THE ELPASO COURT OF APPERLS IS: ALEX CRANK, II V. THE STATE OF TEXAS, APPERL No. 08-09-00109-CR.

  3. THE STYLE AND NUMBER OF THE CASE IN THE TRIAL COURT IS: THE STATE OF TEXAS V. ALEX CRANK, II, DISTRICT COURT OF BEXAR COUNTY, TEXAS.

  4. THE CONVICTION WAS AFFIRMED BY THE EIGHTH COURT OF APPERLSON THE 29th DAY OF APRIL,ANNO DOMINI IOII.

*3 No.

  1. THE DEADLINE FOR FILING THE REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW IN THIS CAUSE IS THE 25th DAY OF SEPTEMBER, ANNO DUMINI 2015.

  2. AN EXTENSION OF TIME FOR A PERIOD OF STATY (GO) DAYS IS REQUESTED THAT WOULD MAKE THE DUE DATE THE 24th DAY OF NOVEMBER, 2015.

  3. NO PRIOR REQUEST FOR AN EXTENSION OF TIME FOR REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW HAS BEEN MADE.

  4. APPELLANT'S MOTION FOR LEAVE, AND HIS ORIGINAL MOTION FOR ADDITIONAL TIME TO FILE P.D.R. WERE DEMIXED ON THE 19th, AND 23th DAY OF MARCH, 2012. (PD-0347-12).

  5. APPELLANT'S MOTION FOR LEAVE, AND HIS ORIGINAL MOTION FOR REMEARING WERE FIXED ON THE 12th DAY OF APRIL, 2012, AND "DEMIXED" ON THE 24th DAY OF APRIL, 2012.

  6. APPELLANT'S MOTION FOR LEAVE, AND HIS ORIGINAL P.D.R. WERE FIXED ON THE 15th AND 12th DAY OF APRIL, 2012, RESPECTIVELY (PD-0347-12). THE COURT OF CRIMINAL APPENLS RULED "NO ACTION TAKEN" ON THE 24th DAY OF APRIL, 2012.

  7. APPELLANT FIXED HIS STATE FABERS CORPUS IN THE TRIAL COURT ON THE 26th DAY OF DECEMBER, 2012. (8007-CR-10969-WI).

  8. APPELLANT REQUESTED OPINION FROM THE COURT OF CRIMINAL APPENLS (No. WR-82, 671-01) ON THE 1/2th DAY OF FEBRUARY, 2015, PERMITTING HONTO FILE AN OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW WITHIN THIRTY (30) DAYS. [OPINION DATED 2-4-15] [DUE 3-6-15].

  9. APPELLANT REQUESTED AND WAS PERMITTED AN EXTENSION OF TIME WHICH MOVED THE DUE DATE TO 6-1-15.

  10. APPELLANT RECEIVED HONRARABLE COURT'S ORDER THE 24th DAY OF SEPTEMBER, 2015: "PETITION STRUCK FOR EXCEEDING PAGE LIMIT. REDRAW WITHIN THIRTY (30) DAYS. [ORDER DATED AUG. 26, 2015]. [DUE SEPT. 25, 2015].

*4 No. 15. THE FACTS RELIGD UPON TO SHOW GOOD CAUSE FOR THE REOUESTED EXTENSION ARE, AS FOLLOWS: (a) THE APPRELANT WAS REPRESENTED BY COURTAPPOTNTED COUNSET DURING THE APPEND OF THIS CASE TO THE COURT OF APPENLS: FIRST BY, DEBORAH D. LETZ, SECOND BY, ANGELA MORRE, THIRD BY, LORE O. RODRIGUEZ (MILLER), FOURTH BY, J. EHEVES LIGON, AND LASTLY, BACK TO DEBORAH D. LETZ. (b) THIS CASE WAS ORIGONALLY ASSIGNED TO THE FOURTH COURT OF APPENLS UNDER CASE No. 04-09-00157-CR; AND TRANSPERRED TO THE EIGHTH COURT OF APPENLS ON THE 20th DAY OF APRIL, 2009, UNDER CASE No. 09-09-00109-CR. (c) APPRLLANT WAS TRIED NUMEROUS TIMES TO GARN ACCESS TO THE TRIAL RECORD AND APPELLATE RECORD, ONLY TO BE IGNORED, REBUFFED AND DENIED. APPRLLANT IS DENIED HIS APPELLANT'S BRIEF, HIS STATE'S BRIEF, AND HAS PROCEEDED THIS FAR WITH NO TRIAL COURT RECORD OF ANY KIND. (d) APPRLLANT IS A GOD-FEARING, HIGH-SEHOGG GRADUATE WHO LIVES WITH A PHYSICAL DISABILITY, THEREFORE, ADDITIONAL TIME IS NEEDED FOR THE APPRLLANT/ PETITIONER TO PREPARE AND FLE THE REDRAWN PETITION.

WHEREFORE, PREMISES CONSIDERED, THE APPRLLANT/ PETITIONER RESPECTFULLY REOUESTS THAT THIS HONORABLE COURT EXTEND TIME FOR FILLING THE REDRAWN, OUT-OFTIME PETITION FOR DESCRIPTIONARY REVIEW IN THIS CAUSE TO THE 24th DAY OF NAVEMBER, ANNO DOMINI 2015.

RESPECTFULLY SUBMITTED,

SEPTEMBER 7, 2015 DATED

APPRLLANT/PETITIONER ALEX CRANK, II T.D.C.3.* 01559591

3872 F.M. 350 South - POLUNSHY UNIT LIVINGSTON, TEXAS 77351

*5

CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT A TRUE ANP CEREET CAPPY OF THE ABOVE AND FOREGOING PRO SE APPELLANT'S METTON FOR EXTENSION OF TIME TO FILE REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW HAS BEEN POSTED VIA U.S. MAIL TO THE OFFICE OF THE STATE PROSECUTIONO ATTORNEY, P.O. BOX 12405, CAPITOL STATION, AUSTIN, TEXAS, 78711 ON THIS THE 7 % DAY OF SEPTEMBER, ANNO DOMONI 2015.

UNIT

APPELLANT/PETITIONER ALEX CRANK, II T.D.C. 7 , ± 01551511

*6 No. ABEL ACOSTA, CLERK COURT OF CRITMINAL APPOMS OF TEXAS P.O.Box 12308, CAPITOL STATION

AUSTIN, TEXAS, 78711 RE: 08 − 09 − 00109 − C R CAUSE #2007-CR-10969-W1 Dear Clark, ENelosed Please Find my Prose Petitioner's MOTION TO Request WAYVER OF Eleven (i) copies for PETITIONER'S REDRAWN, OUT-OF-TIME PETITION FOR DISCRETINARY REVIEW (WR-82, 671-01). PLEASE FILE THIS MOTION AND BRING IT TO THE ATTENTION OF THE COURT. Please NOTIFY ME OF THE COURT'S RULING ON MY MOTION AT MY ADDRESS SHOWN BELOW. THANK YOU FOR YOUR ASSISTANCE IN THIS MATTER.

SINCERELY, My hanly APPELLANT/PETITIONER, PRO-SE ALEX CRANK, II TID.C.S. # 01559591 3872 F.M. 350 SOUTH - POLUNSKY UNIT LYVINGSTON, TEXAS 77351 SEPTEMBER 7, ANNO POMENE 2015 DATED

*7 No. IN THE Court of CRiMINAL Appetls AUSTIN, TEXAS ALEX CRANK, II, APPElLANT/PETITIONER v . THE STATE OF TEXAS Frem APPERL No. 09-09-00109-CR TRIAL Court Cause No. 2007-CR-10969 BERAR COUNTY, TEXAS

PRO SE PETITIONER'S MOTION TO REQUEST WAIVER OF ELEVEN (11) COPIES FOR PETITIONER'S REDRANN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW (WR-92, 671-01)

TO THE HONORABLE COURT OF CRiMINAL APPERLS: COMES NOW, ALEX CRANK, I, APPElLANT/Petitioner, IN THE ABOVE-STYCED AND NUMBERED CAUSE AND FIZES THIS PRO SE PETITIONER'S MOTION TO REQUEST WAIVER OF ELEVEN (11) COPIES FOR PETITIONER'S REDRANN, OUT-OF-TIME PETITION

FOR DISCRETIONARY REVIEW (WR-92, 671-01). APPRELANT RESPECTFULLY MOVES THIS HONORABLE COURT TO PERMIT HIM TO FILE HIS ORIGINAL COPYENLY REDRANN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW; WITH CORRECT SERVICE TO THE STATE PROSECUTIONS ATTORNEY IN THIS CAUSE AND IN SUPPORT THEREOF WOULD SHOW TO THE COURT THE FOLLOWING:

  1. APPELLANT/PETITIONER IS INDIGENT AND HIS TOTAL FINANCIAL RESOURCES COME FROM HIS WIDOWED MOTHER.
  2. DUE TO APPELLANT'S INCAREERATION IN THE TEXAS

PERAPYMENT OF CRiMINAL TUSTICE, ACCESS TO A PHOTO COPY MACHINE IS UNAVAILABLE.

  1. APPELANT IS THEREFORE PREVENTED FROM PROVIDING THE ELEVEN (11) COPIES REQUIRED BY TEXAS RULES OF APPELLATE PROCEDURE, RULE 9,3 (b).

*8 No.

  1. APPELLANT REAUESTS THAT THE COURT, IN THE INTEREST OF JUSTICE, WAIVE THE ELEVEN (11) COPY REQUIREMENT.

  2. THE COURT POSSESSES THE AUTHORITY TO MAKE SUCH ORDERS PURSUANT TO TEX. R. APP. PROC., RULE 2.

WHEREFORE, PREMISES CONSIDERED, APPELLANT/ PETITIONER REAUESTS THAT THIS HONORABLE COURT ACCEPT THE ORIGINAL COPY ONLY REDRANN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW, WITH CORRECT SERVICE TO THE STATE PROSECUTING ATTORNEY, INSTAND OF THE NORMALLY-REQUIRED ELEVEN (11) COPIES.

RESPECTFULLY SUBMITTED,

MOLLAN

APPELLANT/PETITIONER ALEX CRANK, II T.D.C.3. 12 O1559591

3872 F.M. 350.504TH-POLUNSKY UNIT LIVINGSTON, TEXAS, 77351

CERTIFICATE OF SERVICE

I HEREOY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ABOVE AND FREGOING PRO SE PETITIONER'S MOTION TO REAUEST WAIVER OF ELEVEN (11) COPIES FOR PETITIONER'S REDRAWN, OUT-OF-TIME PETITION FOR DISCRETIONARY REVIEW (WR-82,671-01) HAS BEEN POSTED VRA U.S. MAIL TO THE OFFICE OF THE STATE PROSECUTING ATTORNEY, P.O. BOX 12405, CAPITOL STATION, AUSTIN, TEXAS, 78711, ON THIS THE 206 DAY OF SEPTEMBER, ANNO DOMINI 2015.

MOLLAN

ALEX CRANK, II

*9

UNSWORN DECLARATION BY INMATE

I, ALEX CRANK, II, TREO. DUSSEY, BEING PRESENTLY INCRECRATED IN THE POLLWSEY UNIT OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE IN POLK county, Texas, VERIFY AND DEELARE UNDER PENALTY OF PERJURY THE FOREGOINGSTATEMENTS ARE TRUE AND CORRECT.

SIGNED ON THIS THE 7 th DAY OF SEPTEMBER, ANNO DUMTINI 2015

Aluland:

ALEX CRANK, II TREO. DUSSEY, POLWSEY UNIT 3872 FIM. 350 SUUTK LIVINGSTON, TEXAS 77351