Case Information
*1
NO. PD-0955-15
ROSS ALLEN HARTWELL
PETITIQUER PRO SE
V5
THE STATE OF TEKAS
RESPONDENT
From the 390th Judicial District Court of Travis County, Texas, Cause Number D-1-DC-13-904031, and the Thirteenth Court of Appetts, Corpus Christiand of HIN Number 13-14-00097-CR
COURT OF CRIMINAL APPEALS
MOTION TO STAY
Abel Acosta, Clerk TOTHE HONORABLE SUSTICES OF THE CARTt OF CRIMINAL APPEALS OF TEKAS:
Comes now, Petitioner ROSS ALLEN HARTWELL and files this Motion for STAY and ABEYANCE on his previously filed Petition for Discretionary Review, as he prepares for his return to District Court and the new sentencing phase, in the above cause numbered appeal. This is NOT to be applied to the states P.D.P. on the sentence raqesed, FILED IN
For this just cause, Petitioner will provide as follows:
OCT 162015
STATEMENT OF FACTS
Abel Acosta, Clerk On July 2, 2015, the Thirteenth Court of Appetts AFFIPMED EN PART (the conviction) and PREVERSO AND PERMANDED IN PART (the sentence), the above cause number, Petitioner, in a timely manner, filed his Petition for Discretionary Review in this the Court of Criminal Appetts concerning the conviction affimation only.
REASON FOR PREGUEST
This Motion has merit and is not meant for delay as Petitioner is waiting on the resolution of issues associated with his sentencing.
Petitioner, at this time, is representing himself for the Petition for Discretionary Review, future court ordered filings of responses concerning the P.D.P., along with any collateral petitions, motions or writs resulting from this carts decisions.
*2 No. PD-0955-15 Motion to Stay cont.
As a result of the Thirteenth Carts decision, Petitioner is preparing for a new yary trial on the sentencing phase which resulted from the original conviction that Petitioner ultimately filed the P.D.P. on.
Petitioner is incarcerated in a penal institution. For this reason along with he himself not being educated in or well experienced in litigation, he is unable to attend to the two different proceedings simultaneously occuring in two different carts.
Finally, by granting this Motion to Stay, the court would also be allowing the eventual realignment of the sentence and conviction, so that litigation of issues within the cause number could once again be bought for the through individual filing rather than the presently confusing split court cluttering.
PRAYER
Petitioner Prays the Court Grant the Stay and Abayance for his Petition for Discretionary Review (No. PD-0955-15, named Press Allen Hartwell, yet prose vs the stated Texes, respondent) so that petitioner may resolve the sentencing issues attached to the same cause.
After sentencing is resolved in the District Court and if need be in the Apellate court, petitioner promises to return to this court within (50) thirty days of the exhausted claims of the foregoing carts in order to resume the P.D.P. proceedings and, if need be, with detachments of any issues concerning the next sentencing.
WHERE FORE, PREMISES CONSIDERED, petitioner pays this court stop and hold the proceedings on his petition for Discretionary Review until (50) thirty days after the resolution of his sentencing issues and if needed, the exhaustion of claims connected to the sentencing issues in the Court of Appels.
Respectfully Submitted on this 51st May 8 October, 2015
No. 8d. H. H. H. H. H.
Press ALLEN HARTWELL Petitioner Prose TDC3/ID* 1895452 Bill Clements Unit 9601 Sgx 591 Amurillo, TX 79107-9606