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73,971-05

Abe: occata, clere C.O.C.A. OF Texas P.OST. OSEICE, Box 12308 COURT.OE.CRIMINAL.APPEALS Capitol Station SEP. 232015 Quistion, Texas 78711 Abol.Acosta,Clork RE: TR. Ct. No. 2009 -CR-9408 w-2 aBel acceta: Rebuttal to the stades ReSponse to applicants Petition Eor (Qrit of Habers Corpus.

In the States Response CStatement of CASE) It States The applicant, as an habitual offender was convicted.

Habitual offender stotute cannot be used to Bnbarce state Jail Selong Primary offense when sentence would be otherwise governed by Statutory provisions setting limits on term of Confinement and Rine Eor. Individual convicted of state Jail Felony, Henry vs. state CAPPI (1996) 916 s.w. 2 d 57 , also TR. Ct. No 2009CArgo2W the same Primary offense was used to Bnbarce Punishment. Hernandez vs. state, 929 s.w. 2d11 Tex.Crim.APp. 1996 Per Curiam

*2 which clearly states, the state cannot use the same prior conviction more than once. In the Same Prosecution In which It was, attorney of Record Pablo Chaver Orsati never researched the plea having Judge Fred Shannon Sentence me to 3 yrs T.D.C. making Sentence. Illegal, at best DR. Orsati was in-effective assistance of counsel. I wish for the court to consider the above case-lau before rendering it's decision. Thank you In advance.

Respectfully Submitted Steven M. GARY.