Case Information

*1

$13,087-07$

RECEIVED IN COURT OF CRIMINAL APPEALS ADISE 2015

ADOIADOSE, CIIER!

This document contains some pages that are of poor quality at the time of imaging.

Dear Clerk: Please find enclosed chgfendent's Application for Out-of-Time Atreed With Mandemus to be fitted and presented to the Court

Exhibit A is also enclosed as well Please send one a fitted stone date showins when it was Aleds!!!

Thank You!!

KL: Yours Truly Rohit K. Baulde

*2 The State of Texas The State of Texas V.S. Ex-Paste Robert K. Doulds Awellant

In Criminal District Court No. 11184 of Harris County, Texas Trial Cause No. 6416346 W.R. 73, 689-04

Mating For Lease To File Out-of-Time Aweed Tex. Code Leisure For Ann. Act, 1105, Act, 4.05.

To The Honorable Judge of Said Court: Act, 2.21

Asus Comes, Awellant Robert K. Doulds, arsure and offer into evidence on (Tmendid Indictment Cause No. 6416346) as Section against Criminal District Court, No. 1118 of Harris County, Tex. For clenkins Awellants Hobeas Corros 11.01 for relief and Eubend this Motion For Lease To File under Tex. Code Leisure For Lease, Act, 1105 and Act, 4.05 and respectfully makes this court to grant leave to File this Caisinant Out-of- Time Aweed Addiction For Neld of babeas corros under Tex. Code Leisure For Ann. Act 1104, Act, 1105 Act, 1103 Act, 1104 Act, 1105 to be rendered contentumneously with this motion; this motion is an as Section against the Texes Board of Hardins and Parples and Texes Department of Criminal Justice-Detectingal Institution Division for hawins Awellant Doulds (III.E. ALV RESTRATHER) and confined in his liberty of the Millions R.Clemends Unit in Bother Doveth Texas this motion and ajdication allergies Plain Error as used as Fundamental Error from the record under Rule 527 and in support of same usill respectfully shows this honorable court the following:

Around One: Awellant is Actually Longerence of A No. 10 Judgement and his incarceration violates Due Process and the Eivith Amendment of the U.S.C.

C.C.

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Jercond Tux: Apellant rerewed Inoffectue Assistance of Counsel Violations Apellants Sivth Amendment of the L.A.C. and Apellont's Texas Constr. Rabbis

Statement of Boots

The undelivis Procedins inlates an NON-chorsins Instrument/VOID Indictment Apellant contends his NON-Chomins instrument/ VOID Indictment was not returned by a lausifed sroind surd due to the fact that the TERM DATE is missins which is a violation of arto 32.01 Tex Lode Coins Dox Foremore wittheut the Sroind surts TERM DATE Wass there in fact and sroind surt entiended on and siven den in Harris Lourti, if. Term of sroind surt was ammitted in the indictment couse Nis 9963 Ib Also there's NO ORIGINAL FILE STAMP of the district clerk's office which is strons evidence that a returned indidment was not presented to the court within the meanins of Arto 30.01 Tex Lode Coins Dox

It also lacks the district attornet or one of his/herassistant's Signature. defect in Substance and Form-Violation of Art. 33.03-A triad has outhorith to dismiss a chorsins instrument NITH PRESUPTCE For a defect of Form or Substance

The trial court had no subject or fessional Jurisdiction over appellant and the recond does shows that the trial court had No Plenart Hases No outhorith to act nor an Jurisdiction to try this case. Thus Dismissed NITH PREIUDICE is the only remects.

The trial counsel Hal Hudson trial strates of incometence imuked an actual conflict of interest that was undistated deficient by Failure to familiarize himself with the Invalid Indictment couse Nis 9963 Ib counsel fail to oblect at Pretrial hearins under Tex Lode Cains Dox Art. 28.01 (4) and hated to File motion to set aside the Invalid Indictment constituted ineffedue assistance of counsel SEE Black V. State B16 S.W. 2d 356 (Tex. Lrin. Apr. 1991)

Poster

Apellant prays that this honorable court sroant leave in this Motion For leave to File under gute 12 to proceed in the Orisinal Assication of complaint of the name of Justice and For Relief Amen C.C.

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LnSuna Declaration

In Robert K. Bould ${}^{\#131781}$ beins presently incorporated in the William B Clenents Unit of the Jexos Department of Criminal Justice in Hatter Cundiths according to my belief declare under Bnalth of Return the facts stated in this motion are true and correct under V.I.C.A. Calibart from Coder 132001

Aye 232015

Robert K. Boulds ${}^{\#131781}$

Robert K. Boulds ${}^{\#1311781}$

Certificate of Service

I. Robert K. Boulds ${}^{\#1311781}$ do hereby certify that a true and correct can of the abode motion has been forwarded by the United States mail system Postage Pre-paid to the Pollokins addresses:

The Court of Criminal Apeals P.O. Box 12308 Cantial Station

Austin TX. 787111

Harnis Cunth Dist. Clerk P.O. Box 4651

1201 Franklin St. Houston. TX. 711210

Aye 232015

BATE

Robert K. Boulds ${}^{\#1311781}$ Robert K. Boulds ${}^{\#1311781}$

$$\text{C.C.}$$

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*5 The State of Texas In The Court of Criminal Attitude of Texas At Austin, Texas In re Robert K. Druidds Relator VS.

Dase No. 996316

Horn Tude Stact Proud Criminal District Court No. 1118 Harris County, Texas Respondent.

Drisina! Application for Unit of Mandamus. Tex. Code Crim. Pacc. Ann. Art. 4.04 and Tex. Const. 5. Sec. 5

Jurisdictiont Venue This is an Extraordinary Unit of Mandamus comfaint authorized by this Criminal Application for Unit of Mandamus. Pursuant to Tex. R. Aen. Pacc. 121 Tex. Code Crim. Pacc. Ann. Art. 4.04 is unable to do sount cost and initial, fllins Fecs is true, and correct under the dnstly of Pervunt. SEE 2814.51. 1996. For Submission for an bont under Tex. R. Aen. Pacc. The for uant of Jurisdiction under Tex. Const. Art. 5. Sec. 5. Tex. Code Crim. Pacc. Ann. Art. 4.04 Sec. 1 Tex. Const. 5. Sec. 5 Tex. Const. Code 22,000 (a) 1.2 22.002, 23.221(a)(b) 23.225 (b)(c)(d) 23.235 (b)(d)(e) on request for a injunctive relief to remind SEE Tex. R. Aen. Pacc. 44.3142 Constitutional Error and for relief.

This Extraordinary Unit of Mandamus is an Order directins a public official to Reform a duty expected by law and will not issue to enforce a duty that is in any desire debntable SEE State ex of State V. Moys 1995 S. 1632 Pattel Tex. Crim. Aen. 1995

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Rule 72 Extraordinary Matter

The Unit of Mandeamus is an onigent Common law remedi on orisical curit issled by a hister, Court to fommin' $p$ I power Court to perform a durdindar duty, which results from the officials division of the for is to lohen the wort is directed or from the of, the law to the do or refinin from deins some ord SEE to re. MeAte 53 Sill 3 d 115.718 Tex. are Houston Pr. Died 2011.

Issue Presented

Ground Dne, Relator Received Judicial Miscanduct that yialates Due process of the Eigh Amendment and The Texas Least Art. Sec. 12

Statement of Fact

On April 28, 2015 the Relator Proulds Fited a wort of habeas corpus Art. 1105 to the Criminal District Court Ate 11th of Hoevis Lousky, To argue and offered into evidence on I nlivilid Indiriment or use (11, 991316) objection against Tadar Shact. Pcind - for triter in conally with the Texilode Lien Dner Art. 1105 Stable that is a duty implied on an official by law on which is ceart lived and required by law The Jidicial Miscanduct shows to be unexilitional lintonstitutional and presert, is aluse of distention.

The Miscanduct Act is subject to Extraordinary Relief 1 when the law clearly sıells out the duty to be performed by an official and this a polition for a wort of mandeamus sushly the entmeodingd remedi when the Relator Proulds - his ter the ades uole legal remedi available and the of 1105 Sill 3 d 115.718 Tex. are Houston Pr. Died 2011.

The Miscanduct Act is subject to Extraordinary Relief 1 when the law clearly sıells out the duty to be performed by an official and this a polition for a wort of mandeamus sushly the entmeodingd remedi when the Relator Proulds - his ter the ades uole legal remedi available and the of 1105 Sill 3 d 115.718 Tex. are Houston Pr. Died 2011.

The Miscanduct Act is subject to Extraordinary Relief 1 when the law clearly sıells out the ditity to be performed by an official and this a polition for a wort of mandeamus sushly the entmeodingd remedi when the Relator Proulds - his ter the ades uole legal remedi available and the of 1105 Sill 3 d 115.718 Tex. are Houston Pr. Died 2011.

Wherefore, Premises Make, Relator Proulds that this honorable court grant this of cruelty, in the name of Justice for relief, when

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UnSuara Declaration

I Relator Robert K. Boulds #1311781 beins Resenly incorporated in the Millions P Chonents Unit of The Texas Department of Criminal Justice in Hitler County Texas according to my helipP declare under senatly of Redurt the facts stated in this Application are true and Forid to the Refousins addresses:

Aug. 23,2015
DATE

Robert K. Boulds #1311781 Robert K. Boulds # 1311781

Certificate of Service

I Robert K. Boulds #1311781 do hereby certify that a true and correct case of the abuse application has been forwanted by the United States mail system Postage.

The Court of Criminal Apeals P.O. Box 12308

Captist Station Austin, TX. 78711

Hortis County Dist. Clerk P.O. Box 4651

1201 Franklin St. Houston, TX. 77210

Augs 23,2015 DATE

Robert K. Boulds #1311781 Robert K. Boulds #1311781

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