*1 Texas Court of Criminal Appeals
Jesse Lopez J. Tr. Ct. No. 1296762 pp-1621-14
The State
Motion for Reconsiderative Effect on Motion for Externition of Time to File Rehearing.
MAY 222015
The decision to Deny the "Motion for Externition of Time to File Rehearing" should be Reversed.
According to Tex. Rules of App. Pro. 45, Notes of Decision, 3. Sufficiency of Motion, the "Motion for Externition of Time to File Rehearing should have been Granted. The Motion stated that the Notice of Refusal was not received by Apellant and it's counsel" until April 21, 2015, which is "after time expired to file for rehearing" and that Appellant "and it's Counsel... did not acquire actual Knowledge of rendition of Judgement", quotes from Peavy V. Texas Home Management Inc. (App 2 Dist 2000) 16 S.W. 3d 104, appeal decided 48 S.W. 3d 211, review granted.
As stated in the "Motion for Externition of Time to File Rehearing" a Prose Prisoner Ertigant has a right of ACCESS TO Courts. Part of that right is to have the WFIt Writing Prisoner, who has agreed to counsel him, participate in filing of Meaningful
*2 paperwork, see Access to Courts Manual. This Writ Writer is to be considered the "Counsel" of the appellant referred to in Peany, supra.
Furthermore, Pro se litigants are to be construed liberally, and held to a less stringent standard than formal pleadings by attorneys. The Court should liberally construe pleading by Pro se litigants dispite failure to cite ploper legal authority, confusion of legal theories, poor syntax, sentence construction, or litigant's unfamiliarity with pleading requirements. Haines U. Kerner, 604 U.S. 519,30 L. Ed. 2d. 652, 92 SZt. 594 (1972)
I, Jesse Lopez, pray that the Court of Criminal Appeals reverse their decision to deny Appellant's motion for Estimation of Time to File Rehearing. The Court should take into Heart and mind that a Prison litigant is extremely hindered in their liberty of filling meaningful paper work with the Court. All the Grace of the Court is live.
Jesse Lopez #1898721 Neal Unit 9055 SUr 591 Amatillo, Th 79107 Signed and mailed on May 12, 2015
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