Abelardo Gerardo Gonzalez v. State
04-15-00530-CR
| Tex. App. | Oct 13, 2015
Case Information

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IN THE FOURTH COURT OF APPEALS SAN AMYONIO, TEXAS

AMENDMENT TO COURT ORDERED REPLY

nOW COME'S Applant ABELARDO G. GONZALEZ, pro-se in the above mention proceeding's and file's this Amendment to appellant's filiny dated Oct. 03, 15 entitled COURT ORDERED REPLY.

I.
AMENDMENT

Appellant reserved the right to amend his filiny of Oct. 03, 15 on page 4 VIII. AMENDING REPLY and thusfor submit this filiny to be incorporated and considered for all purpose's together with his prior fifliny of Oct. 03, 2015.

II.
EXHIBITS

The following exhibits are beinu introduced that where refered to in his Oct. 03, 2015 submission amony other's:

3, Judgment of Conviction by Jury Sheet 657?COA#529 5, Request for the Preparation of the clerk Record 11, Letter from coa Clerk showing Appellants wrong address for case 531 12, Letter from coa Clerk showing Appellants wrong address for case 529 13, Letter to Trail Court Clerk date 10-5- 2015 to supylement the CR Trecord

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III.
COURIS JURISDICTION

Appellant's state's for the record, that he has [N]OT seen the Trial Court CLERK RECORD, after reuuestaing the the record from both the Trail Clerk and the Appellant ClerK SEE Exhibits 7, 8, 9 and has been prejudice, since without veiving he CAN NOT do what the Apeal's court want him to do on the ORDER by the Court to submit a letter to the Trial Court to file a sujylement record, but nevertheless has filed the followiny Exhibit 13 with the trial court clerk.

Also Appellant state's the following on the yuestion of this court's jurisdiction: That it ayeears this court has jurisdiction since the ayeal beins sought is from the SECOND MOTION TO RECUSE, which is ayealable under T.R.Civ. Pro. RULE 18a( )(1)(A) from [final judgment].

A final judgment as been entered in the three croceeding's since a conviction has been made on Jan. 15, 2010 SEE Exhibits 1, 2, 3, Judgment of Conviction sheets, and thusfor has jurisdiction SEE the following:

McKnow v. State, 915 S.W. 2d 842 @161 (Tx.App.-Port Worth 1996) Ex parte Shumake, 953 S.W. 2d 842 @844 (Tx.App.-Austin 1997) citing Mcknow Wright v. State, 969 S.W. 2d 588 @589 (Tx.App.-Dallas 1998) citing Ex parte Shumake Ex Parte Silva, 963 S.W. 2d 945 @946 (Tx.App.El Paso 1998) citiny Workman v State McKnow v State, Ex Parte Shumake

Courson v. State, 996 S.W. 2d 348 @349 (Tx.APP.-Houston[14th Dist.] 1995) Ex parte Culver 932 S.W. 2d 207 @210 (Tx.App.-El Paso 1996) Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, @447 (1961) U.S. v. Truesdale, 211, F.3d, 898 @905 (5th Cir. 2000) citiny n. 7 Firstier Morvaye Co. 498 U.S. 269, 273-74, 111 S.Ct 648, 112 L.Ed, 2d 743 (1991) @651 [T]he above mention Courts of Appeal's, Texas Crim. Court of Appeal. Fifth Cir. and U.S. Supreme Court authorities among others [g]ive jurisdiction to this court to rule on this matter of the Denail of Appellants SECOND MOTION TO RECUSE

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ALTERNATELY, Appellant asks the Honorable Court, clerk for there assistance which is available under Tex. Rules of Appellant Pro. RULE 34.5(d) DEFECTS OR INACCURACIES which state's in part: [] if the clerk record is defective or inaccurate (the appellate clerk) must inform the trial court clerk of the defect or inaccuracy and instruct the clerk to make the correction.

IT IS IMPORTANT TO STRESS THAT APPELLANT HAS [N]OT SEEN THE RECORD FILED, BUT JUST KNOWS ITS OVER 1000 PAGES LONG IN TWO CASE'S AND CLOSE TO 1000 PAGES LONG ON THE THIRD, this is not what appellant requested to be filed SEE Exhibit 5.

IV.
PRAYER

Appellant PRAY'S this court not to dimiss the case's but to more forward since this is [N]ot a interlocutory appeal since a conviction has been had and futhermore asks alternately to assist PRO-SE Appellant since he has not veiwed the trial CLERK record can can not ask to correct something that he does not seen thuefore does not know whats wrony.

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CASE NO. 2008CRR000657D1 COUNI I &; V'II INCIDENT NO.ITRN: 91273038553

*5 TO: WEBB COUNTY DISTRICT CLERK OFFICE OF ESTHER DEGOLLADO

FROM: ABELARDO G. GONZALEZ 1622682 Appellate / Pro-se

RE: REQUEST FOR THE PREPARATION OF THE CLERK RECORD FOR APPEAL

Trail Cause's No.'s 2008-CRR-0657-D1 2008-CRR-0665-D1 2008-CRR 0662-D1

DATE: SEPT. 2nd, 2015

COA. No/'s 04-15-00529-CR 04-15-00531-CR 64 − 15 − 00530 − C R

Dear: CLERK OF THE COURT

GREETING'S, Now Comes Appellate Abelardo G. Gonzalez pro-se, and respectfully requests from the District Clerk Office of Esther Deyollado for the preparation of the Clerk Record (CR) under T.R.A.P. Rule 34.2 AGREE RECORDED RULE to be presented in the above mention Appeals in the Fourth Court of Appeals in San Antonio, Texas.

Appellate is only appealing the denial of the SECOND MOTION TO RECUSE ruled on July 16, 2015 by the Honorable Judge David Peeple's of the Fourth Administrative Judicial Region file with this Clerk on July 30, 2015.

Appellate only request's the following item's to be included in the Clerk Record under T.R.A.P. Rule 34.2 AGREE RECORD RULE.

  1. Second Motion to Recuse
  2. ALL e mails
  3. ORDER of the Denial of Motion to Recuse

Filed on March 1, 2015 Filed on July 6, 2015 Filed on July 30,2015

Appellate request the CLERK APPELLATE RECORD be filed timely under T.R.A.P. 35.2 and its the Clerk duty under T.R.A.P. 35.3. If the Clerk of the court should have any question or concern's regarding this matter please contact Appellate which is allowed under T.R.A.P.

Please file stamp the enclosed copy and return it to Appellate in the SASE.

Respectfully submitted, 60

Abelardo Gonzalez 1622682 C.T. Terrell B-3-40

1300 F.M. 655 Rosharon, Texas 77583 Appellatte / Pro-se

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COURT OF APPEALS

SANDEE BRYAN MARION CHIEF JUSTICE KARENANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES

FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOVATHCOA.ASPX

KEITH E. HOTTLE CLERK OF COURT

TELEPHONE (210) 335 − 2625

FACSIMILE NO. (210) 335 − 2762

September 18, 2015

Isidro R. Alaniz Webb County District Attorney 1110 Victoria St., Ste. 401 Laredo, TX 78040

  • DELIVERED VIA E-MAIL*

ABelardo Gonzalez #1622682 3001 Emily Dr. Beeville, TX 78102

RE: Court of Appeals Number: 04-15-00531-CR Trial Court Case Number: 2008CRR000665-D1 Style: Abelardo Gerardo Gonzalez v.

The State of Texas Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours, KEITH E. HOTTLE, CLERK

Carmen De Leon Deputy Clerk, Ext. 53262

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SANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES

COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOVATHCOA.ASPX

KEITH E. HOTTLE CLERK OF COURT

TELEPHONE (210) 335 − 2635

FACSIMILE NO. (210) 335 − 2762

September 3, 2015

Isidro R. Alaniz District Attorney - Webb County 1110 Victoria St., Ste. #401 Laredo, TX 78040

  • DELIVERED VIA E-MAIL *

Abelardo Gerardo Gonzalez #1622682 C.T. Terrell B-3-31

1300 F.M. 655 San Antonio, TX 77583 RE: Court of Appeals Number: 04-15-00529-CR Trial Court Case Number: 2008CRR000657-D1 Style: Abelardo G. Gonzalez v.

The State of Texas The Clerk's Record in the above styled and numbered cause has this date been filed. Very truly yours, KEITH E. HOTTLE, CLERK

Carmen De Leon Deputy Clerk, Ext. 53262 cc: Esther Degollado (DELIVERED VIA E-MAIL)

*8 To: WEBB COUNTY DISTRICT CLERK OFFICE OF ESTHER DEGOLLADO

ATIN: ELSA GALVAN, Supervisor From: ABELARDO G. GONZALEZ 1622682 Appellate, Pro-se

Re: REYUEST FOR SUPPLEMENT CLERK RECORD under T.R.A.P. RULE 34.5(c)(1)

Trial Cause's No.s 2008-CRR-0657-D1 2008-CRR-0665-D1 2008-CRR-0662-D1

COA No.s 04-15-00529-CR 04-15-00531-CR 04-15-00530-CR

Date: 10-05- 2015

Dear Supervisor GALVAN

Now Comes Aŋvellant Abelardo 9. Gonzalez pro-se in the above mention proceedings and respectfully asks this office to prepare, certify, and file in the ayyellant court a supylement clerk record for each of the mention cause's containiny [0]nly the following below mention item's.

The ayyellant court has found a defect on the record or is inaccurate, the ayyellant court offered no yuidance nn whats the defect, this reyuest fulls under T.R.A.P. RULE 34.2 AGREE RECORD RULE, ayyellant had made a similar reyuest on Sept. 2nd and received by the clerk on Sept. 09, 2015.

THIS ITEM'S ARE REQUESTED TO BE INCLUDED:

  1. All ,udgment of Conviction Sheets Jan 15, 2015
  2. Second Motion to Recuse filed on March 6, 2015
  3. Refferal Order in form of emails filed on July 6, 2015
  4. ORDER of the Denial of Motion to Recuse filed on July 30, 2015
  5. Cer. of right to Aŋyeal

The record filed by this clerk already was to broad.

Respectfully submitted, obdull of ovel Abelardo Gonzalez 1622682 C.T. Terrell B-3-40

1300 F.M. 655 Roshaon, Texas 77583 Aŋvellant,Pro-se

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