Munoz, Manuel G., PD-0204-15

Munoz, Manuel G.

PD-0204-15

| Tex. App. | Feb 23, 2015

Check Treatment

Case Information

To The Honorable Judge of the Criminal Court of Appeals of Texas, Comes now Manuel G. Muñoz as Appellant, with his said Motion for Hingefloy, January Review and would Show The Honorable Criminal Court of Asperty of Exhibit.

Following facts in the Light, as follows,

Appellant as seers that the Conviction Court Lacked Jurisdicts of the Failure to Stop Render Aid, Misdemeant, As Appellant had not been properly Arranged before a Magistrate Judge on the day of his arrest, or after Note. That the Conviction Court is not a misdemeanor Court, see, exhibit encluded in the decretionary Motion. As the Garza west unit parole shows a new violation tracking sheet, no new Conviction F.I.S.A misdemeanor violation, A. Complaint is a affidavit of Credible Person Made before a Magistrate or district or county attorney charging The Commission of an offense Tex Code Crim Proc Ann, 211 1522, 21:22 The Complaint Must be filed with the Exformation, and at 211, 21:22, Denial of Due Process under with amend, U.S.C.

In Effective Assistance of Counsel, Did not File Appellant, Prefrial Motions Counsel, would not Sign Appellant Motion To Quash Indictment, or Motion To Set aside, Appellant Said Indictment for Failure To Stop render Aid, as Lacked Jurisdiction and Failed To Alloge The Culpable Mental State of The required Statutory Language or The require element, set forth The charge on offense in The Statutory Conduct, Petitioner AsseTs that he has Been ready For Trial Before he fired, First Counsel, Micheal Baselous, for a Mistrial on June 11, 2014 As Mr. Baselous and The District Attorney For The record over rule a Substitute order in that They were to wait on the sit in Judge, To return to her Bench, The Substitute Judge goes on her said break, and The Two Counsel Take Matters in To The own hands, as they over rule, The Substitute decision. They do not wait For, Lori Valenzuela, return swear Petitioner in, without a Judge on The Bench, This was a Mis Trial, under a Bais Rascist, Prejudice act of Misconduct. Yet when Micheal Hoyle was appointed an on July 11, 2014, I explained all these Facts enclosed Yet, Mr Hoyle, stated he would File his Motions and do what seem Best on July 17, 2014 Prefrial Motions were File for Trial for September 2014

*2 Before The Honorable Judge Lori Valenzuela, and Trial Motion was set, As Petitioner went before The Judicial Honorable Judge on July 2015, Petitioner did raise his hand but his, court appoint counsel Mr. Hoyle. Knew ThAT I wanted To Explain all Matter but Mr Hoyle Exclaim ThAT I was, To go through him first, in order To Speak Petitioner assert He was denied Due Process of Law his Guarantre Right To Fair Notice and A Fair Hearing under the United State Constitution see: Murrays Lessee V. Hoboken and InProvement Co, 59 U.S. (18H0W) 272 276 (1856)(CWTIS I) Procedural due Process, (1934) The Minimal requirements of notice and a hearing guaranteed by, The Due Process, clauses of the sth, 14 amendments The conduct of Legal Proceedings according To establish rules and Principles for The Protection and enforcement of Private rights. Petitioner asserts, that their is no other remedy To cure the facts ThAT he was Denied a Trial See Exhibits. Sargeant request Forms and Let The Criminal Court of Appeals Look in To These Facts, Note ThAT The 437 TH should have records on VediO June 42014 MISTrial. Prefrial Motion set on July 172015 for Trial and a Motion To dismiss Petitionerтик From Growdon vehicle storage Facility. As they kept Petitioner Truck for over a year, Petition a sserf a Motion of Discovery against The witnesses backaround was alse file, but in stead of Trial on September 05, 2015, Petitioner Friend an attorney, Mr. Lauro Bustamante shows up for Petitioner, To be set in as a second chair, In order To help Mr Hoyle win Petitioner Case Instead on Oct 172015 Their is no Trial and Mr. Hoyle Explain ThAT I was after Time Served and the state will drop the 25 To Life See District Court 437threconds As Hoyle and The District Attorney have left The Discovery Incomplete and Tempored With as a Forged Falsified Document with Petitioner Signature is Signed, along with a Manstrate Judge dated September 09, 2015, Petitioner assert ThAT after Interrogation September 09, 2013, He was taken straight To Just see Actares Before Jail at Petitioner Home 738 HOLmgreen: NOT The Addres of 3147 EAST South Cross on Petitioners I.O, and Oriveis Lécense, Please Note that I Am being Denied Law Library since I received The, BEXAr County Appellate Public DeFenders office Notice of there Memorandum refusing To Look in To The records as Petitioner did Timely File also Note ThAT Petitioner was To Correspond a reply To there Notice before said date January 28, 2015, To, District 437th yet I did NOT recieve There Notice until Feb 02, 2015, I Am requesting a Descretionary Review and I am Mailing you Proof Prefrial MOTious were Timely Filed for Trial but Petitioner was Denied Effective assistance of counsel under his sixth Amendment copies of My Legal work have been stolen from Petitioner here at Amramast.

*3 UNSwORn Declaration by REtitianer

I, Manuel G. Muvoz St. - TOCI No 1505156 Being Presently Incarcerated in the Bexar County, Adult Dentertion Center, San Antonio, Texas, declare under Penalty of Regury that the forgoing instrument is true and Correct, signed on this the 18th day of Tethoress 2015.

Manuel D. Money to Tocins 1505156 Tethoress 18,2015.

I may end it, Hope my Mstiuus Malces it.

*4 To: Willian Punicki Clerk, us. District Court John H. wooder us, Court House 655 East Ceasar E. Chavez Blvo San Antonio Tx.78206-1106 Re William Punicki. Clerk of the U.S. District Court I bring To your attention prejudice, Bias Court official Miscorduct. That Took place on June 11, 2014. Please view Camera Minutes As No, Substitute Judge, is on The Bench because She was on her break and Specifically Told and Explained Too both officers of the Court District 437. TH. That My Case F.T.RA 550,021 Wasa Misdemeanor or/a state jail felony Mothsble if anyone was injured! I was never I ndisted I receive My Indictment on that day in Court on June 11,2014. My Attorney Michael BaseLous would Not Sign off on My Motion To Dissimiss For Failure To Prosecute within the 180 days required Arrest date Sept 8,2013 First appearance without a Sirt in Judge or any Judge being Present June 11,2014. My Constitutional Rights under My S.G. 8. 48th Amendment have been Victated My Denial of Due Process Right as Well Sincerely Manuela Munoz

*5 Sie Puvckis I am at your Mercy That is My second Iine These Stute District Courts are trying to flail load Me in to as to 99 years Emprisonment For another Mistemeanom Please ask for a Copy of June 11,2014 Camera Manates To view the Court officers Miss Conduct as they over rule the Substitute Judges direct orders and Make it Look as part of the records see Camera Minutes as she returns from her breast and now My New Attorney Method Hayat Will not amend My Mothers or abber Me to Speak or Explain Matter enclosed to the Univerable Lore Vearezene La The Sit in Judge of the 432 The Please bring this to the Univerable Judge Attention As I Am at your disposal for Help As now they Clash on that day June 11,2014 I refused the 20yr Pleabargin With a presencement of a Judgeor property admonishmestial reading The Judictment

Sincerely Mamul 19thmgfy 200 N. 20008 Anwth SID NOT 328082 BoxerCourty Just San Antonio 78,22222

| INMATE REQUEST FOR INFORMATION | | | | | | :--: | :--: | :--: | :--: | :--: | | Name: Manual 6 Manual 777 | | | | SID # 328082 | | UNIT: 3C32 | MAIN JAIL: | ANNEX: | DATE: | | | CIRCLE ONE (1) SECTION ONLY OR REQUEST WILL BE VOIDED | | | | | | Banking | Commissary | Sergeant's Office | Other: | | | Classification | Mail Room | | | | | Request: T have File Three Matters in the 937th Judicial Court To plead My Innassitit in Speed Trial (2) I I satficient Evidence (3) 90 day Haebens weit for P R Bond Response: $\int_{1}^{I} \cdot \frac{1}{2}$ | | | | | | Manual setting | | Information Provided By: | | | | | | Section: | Date: | |

fourth Court of Appeals
Ban Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00877-CR

Manuel G. MUÑOZ, Appellant v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR2011 Honorable Lori I. Valenzuela, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: January 28, 2015

DISMISSED FOR LACK OF JURISDICTION

Manuel Muñoz entered into a plea bargain with the State, pursuant to which he pleaded nolo contendere to the offense of failing to stop and render aid. The trial court imposed sentence in accordance with the plea bargain on October 17, 2014. Muñoz's pro se motion for new trial filed December 15, 2014, was not timely. See Tex. R. App. P. 21.4(a) (stating that motion for new trial in criminal case must be filed not later than thirty days after date trial court imposes or suspends sentence in open court). The deadline for filing a notice of appeal was therefore November 17, 2014. See Tex. R. App. P. 26.2(a)(1). The envelope containing Muñoz's notice of

*10

appeal is post-marked December 12, 2014, and the notice was file-stamped by the district clerk on December 15, 2014. Muñoz did not file a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3.

We notified Muñoz that the record raised an issue regarding our jurisdiction over the appeal and ordered a response showing the appeal was timely filed. Muñoz's court-appointed appellate counsel filed a response in which he agrees the notice of appeal was not timely filed.

Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

Do not publish

fourth Court of Appeals Ban Antonio, Texas

MEMORANDUM OPINION

PER CURIAM

DISMISSED FOR LACK OF JURISDICTION

PER CURIAM

fourth Court of Appeals
Ban Antonio, Texas