Martin, Charles, PD-1577-14

Martin, Charles

PD-1577-14

Tex. App.

May 6, 2015

Check Treatment

Case Information

IN THE COURT OF CRIMINAL APPEALS STATE OF TEXAS V.

CHARLES 3 (TAR TTA YEID III) PETTION FIIED IN COURT OF CRIMINAL APPEALS MAY 062015

Abel Acosta, Clerk

RE:MOTICA FOR REHEERING PD-1577-14

RECEIVED IN COURT OF CRIMINAL APPEALS MAY 062015

MOTION CONCERNING RULING FOR UNTIMELY REHEERING FILING

COMES NOW Chacks L. Martin, MIIII! concerning this Courts ruling as untimely, the petitionecs Motion for Rehearing, in this above mention case, and would shew this court that the rehearing request in this case was not untimely fited according to the mailbox rule. And was expressed in the cover letter to the Clerk. The petitioner did receive this White Card Notice, of the untimely ruling from this Court on 4-28-15, and would hereby show this court the Blowing:

I

The Notice from the Clerk stated that the Retition for Discretionary Review was refused by the Court of Criminal Apprais, on the 800 Day of March 2015, and that the petitioner had 15 days to file a Motion for Rehearing, with this Court. Thus the Rehearing due day was April 2,2015.

However, the letter was dated March 27, 2015, and letter postmark dated March 30, 2015. Please see the A titched document from the TOS MComnell Unit mailroom. Showing only a piece of in coming legal mail, from the T.C.C.A. on the 44-15. Which was The Notice when first received by the mailroom. That evening the petitioner received a Lay-in-Dotier for legal mail to be picked up at the mail room window on the 2 and of 1 March, 2015. The notural due date for said Rehearing: The petitioner met that due date, by playing said Motion for Rehearing in the MComnell Unit prison mailbox. The same day as shown in the letter to the Clerk. Also as required by the Mailbox Rule.

II

According to Hwthard v. Quarterman, 24 Sw3d 470, (F"hr. 2007) at. 845 [2] Further seven (Fig. 1)

in the civil context the maribora rule applicable under the Texas Rule of Civil Procedure 5 "does not deem a motion filet on the date it is placed in the mail whom no filing dendline is involved." In re Hemn, 137 Sw3d 681 685 (Tex. App. San Antoino 2004, no peti). However, not only does this filing have a dend line. Shewing that the maribora rule does apply in this case. But also the diligence of the Retitiner in meetin the dend line. By plening said motion in the U.S. mail First Class posture presmid, on the 2nd of March, and should by this or any other Court be considered as filedon thent due chate, and dead line by and as applicable by the maribor rule.

In Arnold v. Shuck, 24 Sw3d 470,472-73, it is stated and shown, at 472 , under Tex. R. Civil P.S. Adounent is deemed filled if (i) it is sent to the propar derk, (2) by first class united states mail, (3) in nproperly addressed Stamped enevelopc, (4) on or before the last day for filing (5) it is not received more than 10 day tondly. Although this Motion wno not sent for postage until the following mandry it uss considered filled the day it uses placed in themail box at the prison. Was still pestomiedly offered with lodges by the US ROTM Service is prima facie evidence of the date of mailing. (See ATtachthentfor date mail room sent by pirtimane.)

Was in Warnerv. G1ass, 135 Sw3d 681 (Tex 2004) the Texas Supreme Court stated at 685 , "We recognize the "unique problem that arises when one party is forced to rely on his opposing party to ensure pleadings are timely filed. Gomez v. Dept of Criminal Justice, 876 Sw3d 176,176n1 (Tex.1995).

And firmly, in 1993, Fed. Rule of App Aass 4 was amended to reflect the Eipreme courts ruling in Heuston v. Lack. 276, 685ct 2379 (1985) 2 "If an inmate confined in an institution likes a section of repent in either a civil or criminal case, the notice is timely if it is deposited in the instibation internal mail system on or before the last day for filing. Fed. R App R 4(200).

Prayer

The Retitiner hereby preys therefore, that the ruling concerning the petitioned Motion for Rehancing as being untimely filed be reversed. For verification of Notice and mailroom by dates, (c) (ph.381-382-2300). And the case be sent back for further processing.

30 MONED AND PRAYED FOG

onted: Plung 2, 2015 Spoat Chulon Plouston R410119 $(p 1.243)$

UASWORN DECLARATION

I. Charles Martin, $\neq 100119$ . Currently housed at the M'ennell Unit, 3001 S. Emily Dr., Bceville, Texns, Bee County Texns. In the custody of the Texns Department of Criminal Justice, Institutional Division. Do hereby declare under the penalty of perjury. That the foregoing Motion Concerning Wrmefy Rehearing Fithig, are True and correct to the best of my Knowledge.

Date: May 2, 2015 Signed: Charles Martion $\neq 100119$ Churles Martin, Ro-3e Fettitiner

CERTIFICATE OF SERVICE

I. Charkes Martin $\neq 100119$ , Currently housed at the M'ennell Unit in Bceville, Texns, has placed in the U.S. mail Hocitage prepaid, a True and correct copy of his Motion Concerning Untimely Rehearing Filing, addressed To: Abel Arosin, Clerk, Texes Court of Criminal Appenbs, P.O.Box 12308 Cupital Station, Austin, Texas 78711.

Date: May 2, 2015 signed: Charles Martion $\neq 100119$ Ro-3e Fettitiner Charles Martin, $\neq 100119$ M'ennell Unit 3001 S. Emitu Dr. Bceville, TV 78102 $(p q .3 q 3)$

CERTIFICATE OF SERVILE

I Charles Lee Martin, TDES-TD M HOHL, DO MEREBY CERTIFY Thint on April 2, 2015 a true copy and correctcopy of the foregoing Motion for Rehearing was placed in the mailbox, with First Class U.S. postage prepaid at the Mldennell Unit prison in Bee county, Texas. For delivery to: Abel Arardy Clerk, Comet of Criminal, Apenel, P.O.Box 12308, Capitol Station, Austin, Texas 78711. Consecous TC2A.case no. P0-1577-14

Date: May 2, 2015 Signed: Charles Lee Martin Pre-sepeitiner Charles L. Martin, M HOHL Mldennell Unit 3015, Enilu Dr. Beeville, TX. 20102

*5 SUBJECT: State briefly the problem on which you desire assistance.

In the first week of April, 2015. I received legal mail from your mail room here at the Mitchell Whist. Would you inform me by the log dates for incoming and outgoing mailts and from the Geer Court of Criminal Appeals during the first week only, in the Month of April, 2015. Thank you to your help.

Respectfully submitted.

| Name: Charles M. Ractin | No: 11/2/19 | Unit: M.C | |------------------|------|------| | Living Quarters: 12-5-84 | Work Assignment: Comment factory | |

DISPOSITION: (Inmate will not write in this space)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE - INSTITUTIONAL DIVISION INMATE REQUEST TO OFFICIAL

REASON FOR REQUEST: (Please check one) PLEASE ABIDE BY THE FOLLOWING CHANNELS OF COMMUNICATION. THIS WILL SAVE TIME, GET YOUR REQUEST TO THE PROPER PERSON, AND GET AN ANSWER TO YOU MORE QUICKLY.

$◻$ Unit Assignment, Transfer (Chairman of Classification, Administration Building)
Restoration of Lost overtime (Unit Warden-if approved, it will be forwarded to the State Disciplinary Committee)
$◻$ Request for Promotion Class or to Trusty Class (Unit Warden- if approved, will be forwarded to the Director of Classification)
$◻$ Clemency-Pardon, parole, early out-mandatory supervision (Board of Pardons and Paroles, 8610 Shoal Creek Blvd. Austin, Texas 78757)
Visiting List (Asst. Director of classification, Administration Building)
$◻$ Parole requirements and related information (Unit Parole Counselor)
$◻$ Inmate Prison Record (Request for copy of record, information on parole eligibility, discharge date, detainers-Unit Administration)
Personal Interview with a representative of an outside agency (Treatment Division, Administrations Building)