Case Information

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201 West 14 th Street Room 106, Austin, TX 79701

Rodolfo Garcia 768418 LH. 1098 S. HWY 2037 Fort Stockton, TX 79735

This document contains some pages that are of poor quality at the time of imaging.

THIS IS AN EXTRAORDINARY WAY

MOTION TO VERIFY A CONVITION

Now comes Relator Rodolfo Garcia, an inmate, Pro- se with a Petition to verify a conviction in the 83 rd District Court of Pecos County, Texas, for the of fense of a 99 raviated sexual assault of a child.

Defendant was convicted of: A99 raviated Assu. ult committed accordins to Court's documents on the 1st day of September, 1993, in Pecos County, Texas.

In open Court on Nov. 12, 1996 defendant Garcia entered a Plea of guilty to the charge without understand the consequences of the Plea defendant Plea guiltz only based on his attorney's advice.

The defendant is not guiltz on Cause 2156 and Defendant never committed the crime. Defendant Garcia Plea guiltz to another charge Cause #2154 and defendant served 19 th years flat and obtained Parole, and the defendant is serving unjustly 40 consecutive years on cause 2156.

Defendant never have been in Prison before this is the first time that defendant Rodolfo Garcia is serving time in the Texas Department of Cumi. nal Justice. RECEIVED IN COURT OF CRIMINAL APPEALS

DEC 102015 (1)

Abel Acosta, Clerk

RECEIVED IN COURT OF CRIMINAL APPEALS

*2 On the 5th day of September, 2002, defendant filed a motion for production of forensic DNA evidence and the Court made the followins facts fordim 957

1- No forensic DNA evidence currently exist. 2- The examination of the official court's record of the Prosecutins attorney reveal that no such forensic DNA evidence ever existed. 3- The identity of the defendant was never at issue. Please check exhibit (1).

The Parole Board denied my Parole on 7-9-08 Because the records according to the Board and Paroles indicates use of a weapon. And on August 12, 2011 the Board of Paroles use the same context to clem my Parole. The use of a weapon is again yet another redundancy station on already known fact that was considered at total and sentencing. The courts were hed these options before mandating the required amount of time that needed to be served as required law. Please check exhibit D-2G concerning weapon. And indictment cause # 2156 I never committed this crime and I'm doing 40 years unjustly. Please check exhibit # (3).

I have been diagnosed with Colon Cancer, and I'm a diabetic for 20 years. An according to the Board of Pardons and Paroles My new sentence on cause 2156 was back dated and my sentence began date of 03-27-14, and my next Parole el/97b/1111/11. date is on 03-27-2034? Please check exhibit (4).

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Whe refore, Premises Considered, the Defendant's Motion for teldef.

Respecteully Submitted, IO- 768418 Redallo A. Marcia Pro-Sc

CERTIFICATE OF SERVICE

I hereby certify that on Nov. 18, 2015. I have delivered a copy of the above and foregating instrument by depositing same in a Post-Paid Property addressed envelopes under the care and ousted of the United States Postal service, and reply requested from the SuP name Court Buildings.

Pursuant to title 28: U.S.C. 81746 and to title 6 of the Texas Civil Practices and Remedies Code, (hapfor 132, the following Declaration being unsworn is codified Under State and Federal Law.

Respecteully Submitted, IO-768418 Redallo Marcia Pro-Sc LH. 1098 S. HWY 2037 Fort Steceton, Texas 79735

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CAUSE NUMBER

THE STATE OF TEXAS VS. RODOLFO ALVARADO GARCIA ) ( IN THE DISTRICT COURT OF ) ( ) PECOS COUNTY, TEXAS ) ( $$ JJJJJJJJ JUDICIAL DISTRICT

INDICTMENT

DEFENDANT: RODOLFO ALVARADO GARCIA

DATE OF BIRTH: JULY 9, 1955 FELONY CHARGE: AGGRAVATED ASSAULT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:

The duly organized Grand Jury of Pecos County, Texas presents in the District Court of Pecos County, Texas, that in Pecos County, Texas, RODOLFO ALVARADO GARCIA, hereafter styled the Defendant, heretofore on or about September 1, 1993, the exact date unknown by the Grand Jury but prior to the presentment of this indictment, did then and there intentionally and knowingly cause the sexual organ of the Defendant to penetrate the mouth of J. U., a child younger than 14 years of age and not the spouse of the Defendant,

AGAINST THE PEACE AND DIGNITY OF THE STATE.

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CAUSE NO. 2156 NOV. 12, 1996 THE STATE OF TEXAS vs. RODOLFO ALVARADO GARCIA

STATE OF TEXAS $\S$ $\S$ $\S$ $\S$ $\S$

STATE OF TEXAS $\S$ $\S$ $\S$ $\S$

STATE OF TEXAS $\S$ $\S$ $\S$

STATE OF TEXAS $\S$ $\S$

JUDGMENT ON PLEA OF GUILTY BEFORE COURT WAIVER OF JURY TRIAL

| Judge Presiding: | ALBX GONZALBZ | | :--: | :--: | | Attorney | | | For State: ALBERT G. VALADRZ | | | Offense | | | Convicted of: AGGRAVATED | | | Penal Code Section Violated: | 22.021 |

Degree: 1ST Charging Instrument: Indictment Terms of Plea Bargein (in detail): 40 years TDCJ, ID to run consecutive to Cause No. 2154 and $\backslash$ 12.45 $thewithachildcommittedonoraboutSeptember12,1996;\backslash$ 169.50 court cost Plea to Enhancement Findings on Paragraph(s): N/A Enhancement: N/A Findings on Use of Deadly Weapon: N/A Findings that drugs or alcohol significantly contributed to the commission of the offense: $A/B$ Driver's License Suspended: N/A Date Sentence Imposed: $//2-96$ Punishment and Place of Confinement: TDCJ,ID 40 years Date to Commence: $11-12-96$ Time Credited: 280 days Total Amount of Concurrent Unless Otherwise Specified: Consecutive to Cause No. 2154

JUDGMENT

ON THIS the 12TH day of NOVEMBER, 1996, the above entitled and numbered cause was called for trial. Then came the State of Texas, by and through her District Attorney/Assistant District Attorney for the 83RD Judicial District, and the Defendant, RODOLFO ALVARADO GARCIA, whiy" appeared in person and by his attorney of record, ROWARD TTOGARZA. The District Attorney announced ready for trial, and the Defendant, by and through his attorney, after also announcing reade for trial, in person and in

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ORDER

On the $5^{\text{th}}$ day of September, 2002, came on to be considered the motion of movant for production of forensic DNA evidence, and appearing before the Court was Frank Lacy as Assistant District Attorney for Pecos County, Texas, and Martin O. Adams, as court appointed counsel for movant. The Court then proceeded to receive into evidence the exhibits offered and heard the argument of counsel; and having duly considered the same, the Court makes the following fact findings:

1. That no forensic DNA evidence currently exists; and,
2. That an examination of the official court's record and of the records of the prosecuting attorney reveal that no such forensic DNA evidence ever existed so far as is known to the State and to the Court; and
3. That the trial record reveals that the identity of the defendant was never at issue.

Therefore, the Court having duly considered the foregoing, the motion by defendant for forensic DNA testing be and is hereby denied.

Signed this $$ 15th day of October, 2002.

*7 STATE OF TEXAS BOARD OF PARDONS AND PAROLES

February 05, 2015

Mr. Rodolfo Garcia TDCJ-CID/SID # 768418 Lynaugh Unit 1098 South Highway 2037 Fort Stockton, Texas 79735

Dear Mr. Garcia:

The information you provided will be forwarded for placement in your permanent file to be available for consideration by the Parole Panel at the appropriate time. The case is not in review at this time. Information you wish to present may be addressed to Texas Department of Criminal Justice - Parole Division, Attn: Correspondence, P.O. Box 13401, Capitol Station, Austin, Texas 78711.

According to our records you were received in TDCJ-CID in 1996 and have not been out of custody since that time. On January 1st, 2015, you were granted parole on cause # 2154. Your time for cause # 2156 was backdated to a sentence begin date of 03-27-14. Your next parole eligibility date is 03-27-34.

C. Owen Amarillo IPO