Case Information
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100.855 - 08
From: Charles D. Bunton Alfred Unit, TDC#1143771 LIDI FAN sieg North Iowa Park, TX-763187
RECEIVED IN COURT OF CRIMINAL APPEALS APR 102015
April 16, 1015 Abel Acosta, Clerk To: Court of Criminal Appeals of Texas P.D. Box 12308 , Capitol Station Austin i Texas-787111
RE: EX PARTE CAMELES BUNTON NO. D-I-DC-02-9024242-G. Dear Clerk: Enclosed for filing is "Applicants Objections to Findings of Fact, Recommendation, and Order To Transmit Habeas Corpus Record (Post-Conviction Writ Application)." A copy was forwarded by Applicant to both the 294th District Court of Travis County's Vehval. Price, District Clerk, Travis County, and a copy was mailed to District Attorney of Travis County, Texas. Please file the enclosed objections in the above-styled application for post conviction writ of habeas corpus, which is still pending in your Court of Criminal Appeals of Texas. Thank you for your kind assistance in this matter. Sincerely, Charles Bunton Applicant
*2 NO. D-1-DC-02-9D24242-6 EX PARTE CHARLES DOLKLAS BUNTON APPERALS OF TEXAS
APPLICANt'S dRECTIONS TO Findings of fact, recommendations, and order to transt HARERS CORPUS RECORD (Post-ConViction wRIT APPLICATION)
To the HONDRAble JUPSes of SAID COURT's
Now comes the Applicant in the Above numbered and styled cause, and respectfully files the following objections:
OPJECTION TO FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. a t 1. Applicant objects because the indictment was graded - the "level of Pelony offense" or "degree of felony offense" was graded as a "third degree felony" at the GrandJury level, see clerks Office records Volume 1394 at Page 512. See also Mem. of Law at 4.
OPJECTION TO FINDINGS OF FACT AND CONCLUSIONS OF LAW 3. a t 1. Applicant objects here because this is where a critical fact is kept out of the appellate record: The Texas Legislature requires the degree of offense to be reflected in the Judgment and Sentence, see Mem. of Law at2-3 and 4.07 Application at le-7.
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OBJECTION TO FINDINGSOF FACT AND CONCLUSIONS OF LAW 10. at 3.
Applicant objects because not one of the previous le applications "complains"that the Court of Appeals wrongfully affirmed the applicants conviction. This issue of applicant learning of what degree of felony is reflected in the dudgment of sentence is not the issue: The issue is "The Court of Appeals wrongly affirmed applicant's third degree felony conviction when it affirmed a state jail felony conviction. There is no other issue besides this one.
OBJECTION TO FINDINGSOFFACT AND CONCLUSIONS OF LAW 1. at 3. Applicant objects to CONCLusions of LAW 1. at 3 because the instant application is entirely with merit on its sole ground and "Article 11.07 Sec. 4(a)(1) and Article II.07, Sec.4(2) allows this subsequent II. 07 application to avoid a section 4 bar by establishing that a factual basis now exists that was unavailable to the applicant when he filed his initial postconviction wirt application. See Mem. of Law at 1-7. Also, applicant objects because this sole issue in the 11.07 application#7 has never been litigated on direct appeal and applicant points out that this issue would not appear until after direct appeal was over and the mandate issued. On direct appeal, applicants' third degree felony was not affirmed-a state jail felony was affirmed and the conviction in the dudgment and sentence is for a third degree felony-not statejail.
*4 PRAYER
Applicant prays that the Court of Criminal Appeals OREXes that the Travis County District Clerk prepare and transmit the Grand Jury Indictment Records from the 147th District Court, found at Volume 1394/PAGE 512 and the Judgment AND Sentence, found at Volume 1494/PAGE 322 to the Court of Criminal Appeals so that relief requested in pending 11,07 can be obtained. See Mem. of Law at 7.
Respectfully Submitted, Charles Bunton, applicant
Alfred Urit, #114377 2101 FM 314 N6 8th (owa Park, Texas 716318)
CERTIFICATE OF SERVICE
I Charles Bunton, applicant swears under penalty of perjury that a correct copy of this applicant’s objectives to findness of fact, RECOMMENDATION, AND ORDER to TRANSMIT HABEES CORPUS RECORD (Post-conviction Next Application) was mailed by U.S. Mail to both 284th District Court of Travis County to Vehab Price, District Clerk, Travis County, P.O. Box 1279003, Austin, Texas 787127-9003 and to District Attorney, Travis County, P.O. Box 1749, Austin, TX 787127 on this 6th day of April 2015.