Case Information

*1 CALSE No. 12-14-00241-CA PD-1115-15 In the Count of APPEALS TWELFTH DISTAICT Kyler. TEXAS

No aral Arsument Reduced

CEOarck Lewis APPELlans The state of Texas, APPEILEE RECEIVED IN COURT OF CRIMINAL APPEALS ON APPEAL RANI the third SudIcIAL DEC 182015 Ortatet Count T Abel Acosta, Clerk AP Andex san Coun Ty, Texas * Count Of Criminal A ppeals SAREP fAA APPELLANI Philef C. FECHER Texas DAR No. 00787478 800 North Mallard PalesTeve. Texas 75801 TelePhone No. (963) 731-4440 FACSI mILE No. (963) 731-4474 Emai: FLETCHLAMON VA Has. CAN ATHANNEY fAA APPELIANT Page 1.

*2 Table of Contents ..... 2 List of Authorities ..... 3 Afterances ..... 4 Address to the Court ..... 5 Statement of the Case ..... 6 Issue Presented ..... 7

Statement of Acts. ..... 8 Summary of the Argument ..... 9 Argument, Point of Earpur. Number One ..... 10 Prayer. ..... 13 Centftitcute of SERVICE ..... 14

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List of Authorities

CASES: Cask. STRIE. 902 S.W. 2d. 471.420 (Tex. CA. AR. 1995 . . . . . 39 STATISTES: Rare No. Texas Renal Code Section 90.01(1), . . . . . . . 10 Texas Renal Code Section 20.01 (2), . . . . . . . . . 10 Texas Renal Code Section 20.04, . . . . . . . . . . . 10

CONSTETISTAN: Rare No. . Texas Constatistian Article 1.310 . . . . . . 10 Texas Constatistian ArticleV. 312(3), . . . 10

*4 APPEARANCES

Pursuant to Rule 38.1 (a) Texas Rules of Affiliate Procedure, Affiliate Praxides A complete list of All Parties and Names Addresses of Counsel:

Trial Defeated: Cedrick Lewis Trial Defeated: Counsel: Calvin M. McPALL Attorney At Law PaleStime, Texas 78801-2468 TelePhone: (963) 723-1923 Facsimile: (963) 723-0269 Trial State Counsel:

Sobt Holben ERICA Maa9an Anderson County Assistant District Attorney 500 North Church Street PaleStime, Texas 78801 TelePhone: (963) 723- 7400 Facsimile: (903) 723- 7819 APlellant Cedrick Lewis

Affellant’s Counsel: Philip C. Pledother Attorney at Law 800 North Mallard Street PaleStime, Texas 78801 TelePhone: (963) 723- 4440 Facsimile (963) 723- 4474 Affellant Counsel: Scott Holden

Andersson County Assistant District Attorney 500 North Church Street PaleStime, Texas 78801 TelePhone: (963) 723-7400 Facsimile: (903) 723-7819

4946

*5 CALSE No. 12-14-00241-CR In the court of TWELFTH DISTRICT of Tyler. Texas

CEPRICh LeKis APPELLANI The state of Texas APRE11EE

Court of Criminal Appeals

APREAL in Cause No. 31189 an APEeAL FAM THE THIRD SudIcIAL DISTRICT COURT of Anderson County. Texas

OPIEeS for APEeLLANI:

To The Hanarable Justices of The Court of APEeALS:

Cames Nans. CEPRICh LeKis. there in After Referred to As APPEllant. And submits this brief in sufficet of the APPEllants ReDivest that Judgment Rendered in Cause Number 31189 be reversed...

G. Pane

*6 STATEMENT of the Case...

AWELLAN THEr As indicated in Cause number 3189 with the offenses of Kidnallin And Unauthorized use of a Motor Vehicle. These offenses were Alleged to have occurred on December 18, 2012, in Anderson County, Texas. AMELIAM fled not guilty to these characters. And in the 10, 2014 these Cases were Thied to a July. The July found AMELIAM suits of the lesser included charges of Attentled Associated Kidnalling And Unauthorized use of Motor Vehicle. In June 16, 2014, the Coast Assessed AMELIAM's Punishment for Cause number 31189 at Eighty (20) Years in the Texas Department of Criminal Justice as 20 Courts of Attentled Associated Kidnalling And two (2) Years state

Jail on Unauthorized use of a Motor Vehicle. In July 11, 2014, AMELIAM timely gave his notice of AMELIAM to this Honorable Coast. AMELIAM now timely files this brief in support of the AMELIAM herewest that the Sudaments of Conviction for Attentled Associated Kidnalling rendered in Cause number 31189 be Reversed...

L. PAE

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ISSDES PRESEnTED

Point of Error Number Ane: The Judgments of Conviction for Attempted Appravated Kidnaffing Age void Decause the trial court tacked Jurisdiction in that the furtherted indictment did not Allere the conmission of Any atfences

STA TEMENT of FACS

Point of Error of number anE: Aftellant WAs furthertedly charged With thirty(30) Counts of the atfense of Aaquavated Kidnaffing byindictment which read in Eerthent Part that "CEDAICK BERNARD Lewis, an aA About the 19th das of December, 2012 And before the Presentment of said indictment, in said County And State did then there with the intent to facilitate the commission of A felony to Wif: Unauthorized use of a vehicle or to facilitate the flight after the attempt or Commission of said felony, intention Alls of Knew ingly Abduct Crows Ame of Rieged Victim by Restrictive the Movements of said Covers Aame of Allessed victim Withaut this/ter consent so As to interfere with this/ter hDerty, by Moving trim/ter from Ame Place to Another, Confinias him/ter, with the intent to Prevent his/ter liberatiou, or by secreting or halving trim/ter in a Place where tre/she was not likely to be found. "Clerk's Re card Pas. 8-22)."

Summary of the Aboument

Point of Error Number Ane: Affellant's Judgments of Conviction for Attempted Appravated Kidnaffing Age void $n$ Thee

*8 because the trial Court lacked Jurisdiction in that the further ted ind atment did indestablish the Constitutionl requisites of an indict ment as required by Article v. 212(b) And Article 1510 of the TexasConstitution by Farling to Alleve the Commission of An offense.

Although the furtherted indictment intends to Alleve the offense of Rearmated Kidnalling, the inclusion of the word "or" betwe the definition of restrain And one of the means by which a fersow Can be restrained does not Constitutionally change the commission of Rearmated Kidnalling. The furtherted indictment which failed to change Affellant with the offense of Rearmated Kidnalling. And the furtherted indictment failed to Com

*9 PRESIDENT Point of EARA Number 2112 Affiliants Judaments of Conviction for Attempted Rearmated Kidnalling Pre void because the trial Court lacked 34 visitation in that the further intment did not establish, the Constitution requisites of an individual but Article V. 8 (b) And Article I. 8 is of the Texas Constitution by Farling to All eye the Commission of An offense.

The further indictment attempts to allege the offense of Rearmated kidnalling. Texas Renal Code Section 20.04 States that: "All a Person Comnits an offense if the intention of the known Abducts Another Person With the intent (3) The State the Commission of Affilious or the Plight After the attempt or commission of A felons." Texas Renal Code Section 20.01 (2) defines the Word "dod not" (2) "Abduct" means to restrain a Person With intent to Prevent his (3) Secreting or holding him in a Place where he is not likely to be found or (6) using an threaten in for a few days for a. (6) Using an threaten in Texas Renal Code Section 20.01 (1) defines the Word "restrain." (2) "Restrain" means to restrict a Person's Movement without consent, so to. interfere Substantially with the Person's libertin, but Moving the Person from one Place to Another or but Consfining the Person.

1. Page

*10 Article 1810 of the Texas Constitution Provides that "...No Person shall be Held to Answer for a criminal offense. Unless on Hu ind istment of Atrand Surv...."Peticler. 612 (b) of the Texas Constitution defines an "judictment As a "Written instrument presented to A court by a grand Surv charging a Person with the Commission of An offense." A valid charging in struw e at Must be presented to the trial Court in order to test the trial court with Jurisdiction to trena the Case... In the Present case, the further indictment does not alloge the comm ission of an offense the furtherd charging instromant fails to meet the con stitutional definition of an indictmet as required by Article 1812 (b) And Article 1810. Allenthat has a constitution right to a charging instromant siff icient to constitute An indictment. Avalid indictment is required to vest the trial court with Jurisdiction to hear the case and it is not suosed to waiver cookv.state, 9025 , W, 2d 471, 430 (Tev. (n. AP. 1998). a Person commits the offense of Asgravated Kidwaffing, if with the istent to facilitate the Commission of Afelony, or the flight after the Attempt of commision of Afelony. A Person intestingallly or knowingly res strict APersons Movement without Consent. So Hu to intertere Substan tially with the Person's liberta. by Moving the Person from one three to two there be by Confusing the Person with intent to present his liberation by secreting or tolding him inclace where he is likely to be found the wording in the furthered indictment in the Present case Alloge. "CedricDern and Lewis, an or about the 18th day of December 200 And before the presentment of said indictment in said County Andstate, did thev there, with the intent to facilitate the Commission of Afelony, to with unauthorized use of a vehicle, or to facilitate the flight after the Attempt or Commission of II. Page

*11 Said Selong, interestiowally or KNowing by Abdurd Gnsert wane of Alleged victimibyrestricting the showments of Said (insertabane of Alloged victim without his/ her consent so as to interfere with his/her liberty, by Mo ving him/her Romone Place to Another. Confining trim / Her-with the intent to prevent his/her liberation, or by secreting or holding him/her in a Place where he/she was not likely to be found,'

Although the Forlorted ind ictment intends to Alloge the offense Aggranted Kidwelling, the inclusion of the word "or betweeof the definition of restrain And one of the Means by which a Person CAN be testrined does not Constitutionally charge the Commission of Aggrmated Kidn Pling, the Forlorted indictment wholly failed to charge AEffellant with the offense of Aggrmated Kidnelling. And the Forlorted in dictrmentfilded to comply with the ConstitutionnI definition of AN indictment As required by Article 1.412 (6) And Article 1.410 .

Since the Forlorted in dictrment in this Case was Constit utionally deficient And did not vest the trial court with Sur is diction. AEffellant's Conviction is Void. As a Result this court Most reverse the Judgment...

*12 Prayers for the above And Foregoing Persons, Affellant Rays that Affellants convictions. for Attempted Asgranted Kidnalling in Cause No. D-14- 002d-c2. Afferted in Cause No. 31189 from the Third Judicial District Court of Anderson County, Texas be Reversed...

Redactfully Submitted. Lednick B. Genuin Mrilly C. PleTeHer Attorney No See for Affellants.

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CERTETECRTE of SERVICE

I Here by Certilly that a Tive And Correct COly of the Above And Foregoing By thet hits been hand delivered to Mr. Scott Holden Co. Allyson Mr T. Hefl. Anderson county Criminal District. Atestive, Tetrs 75 801, on this 16day of November 2015

Jedrick B. Remin

Philef C. FLETCHER.

*14

Count of Criminal Appeals of Texas

Cedrick Lewis

St of Texas

Motion of Leave of Court In order to File Rehearing (DDR) A GATION. St a Hearing I come upon the Honorable Count in all due respect for the law... May it please the Court to know that I'm a Layman not a man trained in the art of Law. And further Honorable Court this Rehearing is built around the fact that them is/was filed out of time when in fact my DDR was extended 10/26/2015 till Thursday, 110/19,2015. Dear Court please set a Hearing

*15 I'm order to fill the interest of justice I only ask for the consideration of my Constitutional Rights which in short gives regards to an Citizen to like request. In motions to assure that the rights of an individual have not been obriaged or denied.

Honorable Court I further appreciate an Bray this situation be properly investigated and pursued with accordance of my Constitutional Rights of Our Fairness. I as a Layman insisted on notice of 12th Court of Oppeals which states my time to file PQR expired on Oct. 20, 2015 when in fact it expired on Nov. 19, 2015 as well. Honorable Court I have included a copy of the PQR that I inserted (13pys) which was wrongfully addressed and not forwarded to the Court of Criminal Appeals. Thank you for Yom Tine and patience. Lord Bless, (20) Cedric Lewis

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C ourb of Criminal Appeals of Texas

Cedrick Lewis $\frac{V}{Ot}$ of Texas

Affividat of Sworn Declaration under Perjury.
I Swear all info concerning my Miss filed PDR is true and correct. Honorable court I pray that my PDR be granted the right to be filed or that a hearing be set accordingly. Crod Bless, Sincerely,
Cedrick Lewis
TOC* 1938672
AlIREO unit
$2101\mathrm{F}M369\mathrm{N}$ .
Iowa Park, TX
$76367$

*17 TWELFTH COURT OF APPEALS

JUSTICES BRIAN HOYLE GREG NEELEY

Chief Staff Attorney Margaret Hussey

Monday, November 30, 2015 Cedrick Lewis #1938672 Allred Unit 2101 FM 369 N . Iowa Park, TX 76367

RE: Case Number: 12-14-00201-CR Trial Court Case Number: 31189 Style: Cedrick Bernard Lewis v.

The State of Texas This is to acknowledge receipt of your communication dated November 16, 2015. In response to your inquiries, please be advised that:

1. The opinion in this case was issued on July 22, 2015.
2. Enclosed for return is your Brief for Appellant.
3. You are represented by an attorney, Philip Fletcher, 800 North Mallard, Palestine, TX 75801. Therefore you are not eligible to file a brief pursuant to ANDERS V. CALIFORNIA, 386 U.S. 738 (1967). Please consult your attorney.
4. The time to file the Petition for Discretionary Review in the Court of Criminal Appeals, P.O. Box 12308, Austin, TX 78711, expired on October 20, 2015.

Very truly yours, PAM ESTES, CLERK By: $\frac{\text{D}}{}$

Ashley Youngt) Deputy Clerk

CC: Mr. Scott C. Holden (DELIVERED VIA E-MAIL) Mr. Philip C. Fletcher (DELIVERED VIA E-MAIL)

*18 OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS COALS NOT STATE OF TEXAS PENALTY FOR PRIVATE USE 10/26/2015 10/26/2015 10/26/2015 COA Case No. 12-14-00201-CR

LEWIS, CEDRICK BERNARD Tr. Ct. No. 31189 PD-1115-15 On this day, this Court has granted the Appellant's Pro Se motion for an extension of time in which to file the Petition for Discretionary Review. The time to file the petition has been extended to Thursday, November 19, 2015) NO FURTHER EXTENSIONS WILL BE ENTERTAINED. NOTE: Petition For Discretionary Review must be filed with The Court of Criminal Appeals.

$$8\mathrm{K}-16\mathrm{V}$$

Abel Acosta, Clerk CEDRICK BERNARD LEWIS TDC# 1938672 ALLRED UNIT 2101 FM 369 N. IOWA PARK, TX 76367 $\mid 1||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid ||\mid$

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