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Gutierrez, Jose Alberto
WR-70,885-11
| Tex. App. | Dec 18, 2015
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Case Information

*1 WR-70,885-14 No. 04-08-00625-CA? IN THE COURT OF CREMENAL MANAGES ANSTEEN, TEXAS

JOE ALBERTO (OUTERLEZ), V.,

RECEIVED IN COURT OF CRIMINAL APPEALS

THE STATE OF TEXAS

DEC 182015

From APPEAL No. 04-08-00625-CA Abel Acosta, Clerk

Trial CHIVE No. 2008-08-1186

Bexar County, TEXAS

FAST MOTION FOR OUT OF TEME APPEAL REVEEN DLE TO EXERCNEWS R. 39.1 FOURTH COURT OF MANAGES ADVANCITMATION AND ZNEFFECTIVE APPELIARE STATE AMPELATES COURSE TEXAS COURT ENVSTITRATION OF NON-EXESENT-07/11/88-STATE-EX-RECOMMENDATION TEX. V.C.C. A N 1542.12 .32C. 13, NEXEPIATES RUA ANGEEMENT AS FASELY AØVERE BY STATE AMPELATES TEXAS COURSE, APPELLANT HAC EN TENTEAMALLY CONTEMES (SPN); (1974); ANVENDMENT EVERYEES AN. STATE APPEAL AND TEXAS COURT RECOAGS ATTACKED'S TEDMEN STATE AND FECENAC CONSTETUTION EVERYEES AND AFFECTIVE T.E.A.P.R 44.2 (B) (6) (E) FENDERAL DIG. 394; 1974; AMENDMENT ZEVERYEES.

TE THE NONGRADE COURT OF CREMENAL MANAGES.

BHIPPITIVE CPIED NON, JELE A FUTIFITZ E 1523641, a TEXAS FICHIPT UNLACIATIVE EFFICIPT (E) TENUY YEUT DENTRICE DUE TO FUTIFCTIVE STATE AMPELATES MENEURATE AND TYRIE COURSE. IN SUPPORT OF JAISE MOTION AMPIRANT GROUVE the HONORABLE COURT ELE FUTIFICIP REPUELCE R 39.1; N 44.2 (B) (C); 10/11/88, AS AMPLINAL MENEURLY CENTRIVUS TO DISPAR (SPN); (1974); 10/11/88 DUE TO ELE OCT 15, 2008, FUTIFIC CENTE OF AMPELIA MORINIZMATION MOTIVE. AMPIRANT, MULE, ECCKE INHERIERE STATE AMPELATES EFFICITIVE COURSE EO ANTIT IN ANEICITING AMPELINAL EFFICIT EFFICIT RECOAGS, OTHER THE CONHERION OF the MAVE HONORABLE CENTRIVE CENTE OF AMMELIA INVESTIGATION.

*2

I. Hereby Antitumor was uncasually connected in the 29474 Department Court of Bover County, Texas of the questionnaire estimate of - 6012 - 4771 in Come No. 2005 - 07 - 1982, Diyled State of Texas vs. State of North Carolina. The Antitumor Nonstability Measured to the Fourth Court of Boveris, Come on as: 2750 2005 by the First Court of Boveris. See to a

"Spatitially and most recently, Nov 25, 2015, Boverisn't without effects, Evoditical

"Dissociately - Nov 19, 2015, For Lose of Striability, due to a

"Dissociatively over never observed and mysteriously lost. Boverisn't not

"Dissociatively over never observed and mysteriously lost. Boverisn't not

"Dissociatively over never observed and never revered. Boverisn't herey not observed overve by the first court of Boveris. As of March 2015, 27 May 2015, Boverisn't

"Dissociatively on or about Nov 26, 2005, Fourth Court of Boveris, Syste, China kept, - (Hazars) - Boverisn't 249.5 - Tehering within. Boverisn't at this, 2015, time, more over important at the military State of China, Expenditure, as and did not receive any fourth court of Boveris NIV 26, 2005, Second order, as best to say tenned the precarious a State - since 2015, Boverisn't in motion, and Boverisn't was conftive to his person ceterminant any movement and expediant was never vutical to come by the military State of China, as a movement and expediant was never vutical to come by the military State of China, as a movement was never vutical to come by the military State of China, as a movement was never vutical to come by the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, as a movement was never vutical to the military State of China, 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*3 The

*4 fourth Court of Appeals San Antonio, Texas

May 13, 2014

No. 04-08-00655-CR

Jose Alberto GUTIERREZ, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2008_CR_1186 Honorable Sharon MacRae, Judge Presiding

ORDER

The panel has considered the Appellant’s Motion for Rehearing and the motion is dismissed for lack of jurisdiction. See Tex. R. App. P. 18, 19.

It is so ORDERED on May 13th, 2014.

ATTESTED TO: Keith E. Hottle Clerk of Court The Notebook: See Also most, Note, and, and Cont. order of the Notebook. Most of my reported first city since court exists in the retumend, as court order. Ascertainty, again, all my questions - Fetish - city, State court, etc. and current notationally last or destroyed!

*5

Case 6:10-cv-00047: Document 22-14 Filed in TXSD on 07/27/10 Page 3 of 3

No. 04-08-00655-CR Jose Alberto GUTIERREZ, Appellant v.

The STATE of Texas, Appellee

From the 290th District Court, Bexar County, Texas Trial Court No. 2008-CR-1186 Honorable Sharon MacRae, Judge Presiding

O R D E R

On October 15, 2008, this court issued an opinion dismissing this appeal pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure because the trial court's certification stated that the case is a plea-bargain case and the defendant has no right of appeal. On October 27, 2008, appellant filed a motion requesting an extension of time referring several times to an Anders brief. No Anders brief was filed in this case. Instead, the appeal was dismissed because the trial court certified that appellant had no right of appeal. In the absence of an amended certification signed by the trial court showing appellant had the right to appeal, rule 25.2(d) mandated the dismissal. See Tex. R. App. P. 25.2(d).

Appellant's motion also refers to an extension of time in relation to a rehearing and an extension of time to file a PDR or petition for discretionary review. Because only the Texas Court of Criminal Appeals can grant an extension of time to file a PDR, see Tex. R. App. P. 68.2(d), we construe appellant's motion as a request for an extension of time to file a motion for rehearing, and that motion is GRANFED INEPART. See Tex. R. App. P. 49.8. Appellant's motion for rehearing must be filed no later than thirty days from the date of this order.

*6

*7

COURT OF APPEALS

ALMA L. LOPEZ CHIEF JUSTICE CATHERINE STONE KAREN ANGELINI SANDEE BRYAN MARION PHYLIS J. SPEEDLIN REBECCA SIMMONS STEVEN C. HILBIG JUSTICES

FOURTH COURT OF APPEALS LISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOBOSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW-ATHCOA.COURTS.STATE.TX.US

KEITH E. HOTTLE CLERK TELEPHONE (210) 335 − 2635

FACSIMILE NO. (210) 335 − 2762

September 16, 2008

Jose Alberto Gutierrez Sid No. 534734 Bexar County Adult Detention Center 200 North Comal Street San Antonio, TX 78207 re: Your application for a writ of habeas corpus seeking relief from final felony conviction under code of criminal procedure, article 11.07, (received on September 10, 2008); Trial Court Case No. 2007/69/52/186

Dear Mr. Gutierrez:

Your application for a writ of habeas corpus seeking relief from final felony conviction under code of criminal procedure, article 11.07 has been forwarded to the 290th District Court, Bexar County, Texas. This court does not have jurisdiction to rule on your application.

Sincerely, Diana T. Garcia, Deputy Clerk

My 19.19 application was never bexwontage or felon wite the 290th district pount, see come no. 2008-ce-180 pount fiting event top. This 19.17 application was marked to me at the bexar County Unit. Tity 33, 2008 before denouncing a different by chief apathetic public defunder, Muysen J. Moore, letter orclued.

*8 re: Your petition for writ of habeas corpus, released for violation of due process in accords to CCP 15.17, 6th &; 14th U.S.C.A (received on August 29, 2008)

Your petition for writ of habeas corpus, dismissed due to illegal indictment/wrongful conviction (received on September 5, 2008)

Dear Mr. Gutierrez: Your petition for writ of habeas corpus, released for violation of due process in accords to CCP 15.17, 6th &; 14th U.S.C.A and your petition for writ of habeas corpus, dismissal due to illegal indictment/wrongful conviction have been forwarded to the 290th District Court, Bexar County, Texas. This court does not have jurisdiction to rule on your petitions.

| | Sincerely, | | :--: | :--: | | The above 11.07 petitions are | Dian 1. Garcia | | have find or Accomptable by | Diana T. Garcia, Deputy Clerk | | the State Court district court, | | | | |

*9

Bexar County Appellate Public Defender's Office

Heritage Plaza · 410 S. Main, Suite 214 · San Antonio, TX 78204 Phone (210) 335-0701 · Fax (210) 335-0707

July 22, 2008 Mr. Joe Gutierrez SID #534734 BC Adult Detention Center 200 N. Comal San Antonio, Texas 78207 Dear Mr. Gutierrez: I am responding to your letter received July 16, 2008. After reviewing your letter, it is my opinion that you should file a Writ of Habeas Corpus. I am enclosing the paperwork necessary for you to accomplish this.

I am sorry that there is not more that I can do to assist you at this time, and hope that things will go better for you in the future.

Chief Appellate Public Defender A J M / m b Hebbal Cews wortend" as best to my limited legal understanding and before being unkemptly defture 88/06/08 to twenty years fose inproximity, I wrote a letter concerning my illegal defture and fose negistrate charge NAVEVIET, NAV 25410E; AVIVIS, NAV 24, 2007. IAN HAYL (1) Had absolutely no business in the charge Evert bever country district (Dort Divice (D) was never negistrate or criminally charged, NAV 23, 2007, by my ex-duty negistrate Port Commission for my taxes and code victations. (All Records to Cobstonline (27N), (147N), Annumeral victations miscised.) Politioner texts wortented been-paice be repudiated as my request wiserveff, only to neglected will my (N. 07) /pmbess Clalines, as Phocun hercins aspeod brief. 87N; 147N, Annumeral Inguisies

*10 II. ARAUALENTSE; "Spreficially peace see, chmies v. state, 110 Jan. 3d 174-Mn 1,2,3 myunvents. (i.e. arner course of action to to have the native province for in 1837.1, T.E. A. MA, Since No State negotiated - probation recemnodation - occurred on 07/11/03 - 29074 Nre -ptial Court meeting - see eneased state comrt. cause no. 2008.04 - 1146 MPA -barginal admonistments. (2) never agained or pigiate for any type of DUE - mit 42.12 acc 13 - Gmax. probation - on 28/20/03 from court "unlawfully" imposed a sentence must disjernent of (20) years and signed a certification starting that take is a ploa largin case, and (2) does no right to repeat - 25.2 (8)(2), (i.e. vab. state MPA bargin agreement and invaluntary place of guily based on native inveative assistance of comacl manutment.) there manuled separate coumec never еeuntive (2) "compensate of never mabeying or explicitly for any 87/11/03 NON-Ekiting DUE - opiate probation recemnodation begnl advice, and never listed smmbed native of amend in Cempilance 27.12 (8)(2), (see mabed state MPA begin acmomstion). TENEERNE, AMBEDANT NON DEDCRAIN DIIIVE STA, NTH, ADMONDANT WEBATING PROFIIE OFE to inveative and mabition s state, appointed of mabed and triad coned. III. RECEEEDUS 29074 BEYNE COVERT CONDY DESTEET COWT RECEEME SEAS NEECONSALT OND ENLAMENT PROFIIEON - 844.2 (8)(6)(C1-5); 874 AN6 1474 MABRONENT ENLAMENT AND HASEAS COWT EUNINTON NERLEFENE TO RECTEEY MAKEEENL PROFIIEON COWT FENNONE, (VEULATENE OF TEX V.C.C. MOTS 1.04;1.05;1.09;1.06;1.08;1.15;2.01); "Spreficially, any 28,2005 - mabement reciles "SMEFFECTIVE" Mabed PENNCEE EME MISCTANTY AND TELEMNGY failed to INVEVIGACL to fowtend Allage veiyied (874); (NTH); 115/117 Clames. (An QMntinnate found state - NHT. ETHURS, enEaced.) ; VERITED EERNEOUS 844.2 C1-5 PERLAMPTONS. "Spreficially, any 26,2005 - bader extreme frustration of 87/20/03 triad court inguiles, (2) files, as best to file kept Comprelention, NHT. (2) Notice of mabeds, enefir Sttredictional defects, and Mernition to mabed - Sttredictional defects; "never recognised by the PENNCEC court of mabeds, amend at NtD Evmited mabiont for NNT triad, orfe to veiyied 844.2 (8)(6)(C1-5); 115/117 C 0 (449)

*11 III. ASSURENCE:

A. ESE AND (VON - RYK.24) (C) - FUNDAMENTAL ZOON RATAL (D. COURT METEORETAL OF ZOYTES FEDERALS:

*D) EFFICIANY, N/A 26, 2008 - (A) REPAINTS FUNDATIONS MOTION TO NITADYAN OTHERS CONVOL gNITY DYNA ON CHILDREN FEDERAL MORBATION LEGAT MORBES.

OTHE MORBALIZATION OF MORBALIZATIONS AND MORBES = BECOMES MORBALITY DYNAMORBES AND DYNAMORBES TO SPACE TO the EVER CONVOLGENCY. MORBES TO MAYOR NOT TO "STREAK" the OTHERS ON HOLLCE CONVOLGENCY. (F.C. I COURS MAYOR BY the EVER CONVOLGENCY AND THE OTHERS ON OTHER EFFICIENY. (F.C. I COURS MAYOR BY the EVER CONVOLGENCY AND THE OTHERS ON OTHER EFFICIENY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE OTHERS ON OTHER EFFICIENY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE EVER CONVOLGENCY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE EVER CONVOLGENCY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE EVER CONVOLGENCY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE EVER CONVOLGENCY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE EVER CONVOLGENCY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE EVER CONVOLGENCY. (F.C. I COURS MAYOR BY the MAYOR EVER CONVOLGENCY AND THE EVER CONVOLGENCY. (F.C. 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*12 III: MeAnmexive;

Theorize since no offime state-miss bungain was eftabitied k . 25.2 (a)(e); k 25.2 (a) divingst owowd not mowdy, and (a) mab every most to - AMEAL - ONCE TPA V. P. P. 44.02 - ON TME MEDIANTE INTHENT OF CHATICE ONd EFFINITED.

  • Specifiantly, TANTE 2005 - (a) is mownd at the B.C. D.C. Shackle and questionnaire frommerted to the 2007 Mowar County district court to mymear before-REtired-LOVEY state state that mient and recently tried best county rate canter than. Ammerted County made unamerted (3) year state that mymment expect my consent or muncatorism. (a)- AMMEXIVE - One unamerted that- bungain mymment and conmerted state court already tried be expected. COWMED DANn-ALLY became mientally informed and amerted that a owend regret rate may onat state must effect. (a) is occurred bave to the B.C. D.C. without any cerfitive méfitorise court charge or deffure mient muncant court净. (a) mCELAR - TREAT, very méffitied court deeirate.)

  • Specifiantly, AMEL 21, 2005 - Second 2007 court mymearance to contert and difirint first state memented COWMED (NORE) was mientally fivited to presmly and thoroughly inviolate vipied - EMELARIO - FANNO cily memented court charge evirited. NIV 24, 2007 find the bestm County Ctritied court State System and mandrantly misign to the 2007 Bover County district court mient may muncatorise effect-matter-deneirateism. (See eMELARO questionnce- FANNO - NERBORSTAND CENTRE and deffminute vipied state state becerite mone on defimutants inabitment that must mowr filed with the bestm county district court 29510, 08/3/05, (b) MAKES OFTRELAND ADAMMENT-WEATING Court Ctrition in order to mone state memented COWMED (NORE) distmited not state memented COWMED of EFFINIT.

  • Specifiantly, TAN 30, 2005 - (a) first state court mamented state my NIV 23, 2007 have and muncient court state; (b) mave first-deneirate. COWMED - NERE III - to mone inviolate the mementer rolding (b)ave not miently. memented - (MAY 15.17) - ON NIV 23, 2007. COWMED failed to examine muncated
  • FANNO-ONd - EMELARIOd - FANNO- NONE 254101; 254102 very memented. Court EFFINITED OME (a) is FEBE No. 2537785279 - E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.

*13 The State of Texas vs. JOSE ALBERTO GUTIERREZ State of Texas

JUDGMENT OF CONVICTION BY COURT—WAIVER OF JURY TRIAL

| Judge Presiding: | Hon. SHARON MACRAE | Date Judgment Entered: | 08-06-2008 | |-------------------------------|-------------------------------|-------------------------------| | Appearances: | DARYL HARRIS | Attorney for Defendant: | EDWARD F SHAUGHNESSY | | Attorney for State: | CHRISTIAN HENDRICKSEN | | | | Offense for which Defendant Convicted: | | | | DRIVING WHILE INTOXICATED-3D/M (REPEATED) | | | | Charging Instrument: | Statute for Offense: | | | | INDICTMENT: | 49.08(B)PC VCS | | | | Date of Offense: | 11-23-2007 | | | | Degree of Offense: | | | Plea to Offense: | Findings on Deadly Weapon: | | 3RD: | | GUILTY | | | | Terms of Plea Bargain: | | | | | | CAP OF TWENTY/20/20/2008 | | | | | | Plea to 1st Enhancement Paragraph: | | | Plea to 2nd Enhancement/Habitual Paragraph: | | | | Findings on 1st Enhancement Paragraph: | | | Findings on 2nd Enhancement/Habitual Paragraph: | | | | Date Sentence Imposed: | 08-06-2008 | Date Sentence to Commence: | 08-06-2008 | | Punishment and Place of Confinement: | 20 YRS TDCJ ID AND A FINE OF $ 2,000.00 IMPRISONMENT GNSTITUTIONAL DIVISIONS: | | | | THIS SENTENCE SHALL RUN CONCURRENTLY UNLESS OTHERWISE SPECIFIED. | | | | SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A | | | | Fine: | Court Costs: | Restitution: | Restitution Payable to: | | 2 , 000.00 | 456.00 PLUS | 100.00 | VICTIM (see below) | $ AGENCY/AGENT (see below) | | Sex Offender Registration Requirements do not apply to the Defendant. | | | | | | | | | The age of the victim at the time of the offense was | | | | | | | | | | | | Time Credited: | 0 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | If Defendant is to serve sentence in | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

*14 Counsel / Waiver of Counsel (select one)

Defendant, appeared in-person-with-Counsel.

Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.

The Court Finds Defendant committed the above offense and ORDERS, ADIUDGES AND DECREES that Defendant is QUILTY of the above offense. The Court Finds the Preseistence Investigation, if so ordered, was done according to the applicable provisions of TEX, CODE CRIM. PROC. art. 42.12 § 9.

The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one)

Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ., The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the Bexar County District Clerk. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.

County Jail—Confinement / Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of Bexar County, Texas on the date the sentence is to commence. Defendant shall be confined in the Bexar County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the Bexar County District Clerk. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.

Execution / Suspension of Sentence (select one)

The Court Orders Defendant's sentence EXECUTED.

The Court Orders Defendant's sentence of confinement SUSPENDED. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated.

Furthermore, the following special findings or orders apply:

N/A

Signed and entered on this day of $AUG - 62008

Notice of Appeal (DENIED)

SHARON MACRAE 290TH DISTRICT COURT BEXAR COUNTY, TEXAS

Clerk: 16155

DC2008CR1186

Díath Thumberint

*15

No. 2008CR1186

THE STATE OF TEXAS V. JOSE ALBERTO GUTIERREZ

NO. NO. 2008CR1186

IN THE DISTRICT COURT

§ BEXAR COUNTY, TEXAS

COURT'S ADMONISHMENT AND DEFENDANTS WAIVERS AND AFFIDAVIT OF ADMONITIONS

COURTS ADMONISHMENTS:

OFFENSE: DRIVING WHILE INTOXICATED-3D/MORE REPEATER DEGREE: F2 STATUTE: 49.09 ( B ) P C a m p ; 0 Repeater) (Habitsal) a m p ; 0

You are admonished that if convicted of a Felony the following applies:

1. RANGE OF PUNISHMENT

All time is served in Texas Department of Criminal Justice. 5 years to 99 years or Life: Possible fine up to $ 10 , 000 2 years to 20 years: Possible fine up to $ 10 , 000 2 years to 10 years: Possible fine up to $ 10 , 000 if the offense occurred on or after September 1, 1994 2 years to 10 years: Possible fine up to $ 10 , 000 or up to 1 year in a Community Correction facility (for offenses committed after August 31, 1989 but before September 1, 1994) 25 years to 99 years or Life Other

A recommendation of the prosecuting attorney as to punishment is not binding on the Court. The Court may accept or reject any plea_hargaining agreement made between the State and the Defendant. If the Court rejects the plea agreement, the Defendant shall be permitted to withdraw the plea of guilty/nolo contendere and no statement or other evidence received during such hearing on the plea of guilty/nolo contendere may be admitted against the Defendant on the issue of guilt or punishment in any subsequent criminal proceeding. ◻ Now, Lymy notice of any type of Repeater) antemoon of maximum (Ea) family work: Now allowed to withdraw any compel guilty, the plead or piece or other reomondation legal notice of evidence of Ea.180010101.

*16

No. 2008CR1186

DWI- 3 AD OR MORE/REPEATER PLEA BARGAIN

I. the undersigned Defendant, together with my counsel and counsel for the State, agree that in exchange for the Defendant's agreement to plead guilty or nole contendere, to allow the State to prove its case by means of written stipulations. The State may make, recommendations regarding punishment; however, it is understood by all that even in the event the parties agree to recommend specific conditions and terms of community supervision or deferred adjudication or the length of supervision that such recommendations are not part of the formal plea agreement and are not binding on the Court. All parties understand and agree that the terms, conditions and length of supervision of community supervision or deferred adjudication are to be determined and assessed solely within the Court's discretion. It is further understood and agreed by the parties that in the event the Court assessed terms, conditions and or a length of supervision of community supervision or deferred adjudication different from those agreed to by the parties, that such difference shall not constitute grounds for setting aside the Defendant's plea in this cause. If the court grants deferred adjudication, the State does not recommend any term of years as part of the plea agreement. All parties agree that if deferred adjudication is subsequently revoked, Defendant may be sentenced to any term of years within the range of punishment provided by law for this offense.

Is mutually agreed and recommended by the parties:

Prosecution to proceed only on Count(s) Prosecution for lesser included offense of Defendant agrees that he has been previously convicted of one or more felonies for enhancement under 12.42 P.C. Class A Misdemeanor punishment with State jail Felony Conviction under 12.44 P.C. Punishment to be assessed at 20 (TWENTY) years TDC - CAP Fine $ 2000.00 Affirmative Finding of Deadly Weapon or 3G offense, Defendant not eligible for supervision under CCP42.12.Sec. 3 There is no application for community supervision/deferredadjudication. State will make no recommendation of Defendant's deferred adjudication/community supervision application. State reserves right to speak as to factual issues relevant to Defendant's punishment. State opposes community supervision/deferredadjudication. See evcused ferect douan the 7 State recommends community supervision. Aflovary verifiontion agm Advice State recommends deferred adjudication. Concurrent with: Causes taken into consideration: 2008CR1187 - THEFT $ 1500.00 − $ 20 , 000 Restitution to be determined by the Court through the Community Supervision office or $ Payable to victim in this cause number only: Payable to victims under: 2008CR1187 - ARTHUR ROSENBURG 2 YEAR TX. DRIVER'S LICENSE SUSPENSION, IGNITION INTERLOCK

WAIVER OF APPEAL

I understand that upon my plea of guilty or nolo contendere, where the punishment does not exceed that recommended by the prosecutor and agreed to by me, my right to appeal will be limited to only: (1) those matters that were raised by written motion filed and ruled on before trial, or (2) other matters on which the trial court gives me permission to appeal. I understand that I have this limited right to appeal. However, as part of my plea bargain agreement in this case, I knowingly, and voluntarily, waive my, right-to-appeal under (1) and (2) in exchange for the prosecutedurecommendation, provided that the punishment assessed by the court does not exceed our agreement. In addition, if and when I am sentenced to the Texas Department of Criminal Justice Institutional Division on this case, I hereby request transfer to said institution.

7.11.08

NOTE: The parties are not allowed to make binding agreements regarding the length of community supervision or the terms and conditions of community supervision, which are totally dependent upon the Court's discretion. The following recommendations do not constitute part of the formal plea agreement. However, the (State) (both parties) make the following non-binding recommendations:

| | | | | :--: | :--: | :--: | | | | | | | | | | | | Days in Bexar County Jail or State Jail (circle one) | | | | Substance abuse treatment facility | | | | Zero Tolerance Bootcamp or State Bootcamp Program (circle one) | | | | |

Other Punishment recommendations:

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CLERK'S ORIGINAL

Name: JOSE ALBERTO GUTIERREZ

Address: 1706 KENDALIA, SAN ANTONIO, TX 78224 Offense Code/Charge: 540412 - DRIVING WHILE INTOXICATED-3D/MORE GJ: 480008 JN #: 1270709-1 WH Court: 290 SID #:534734

Court #: 240

C 40

C 2008 - OR - 1186

TRUE BILL OF INDICTMENT

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS, the Grand Jury of Bexar County, State of Texas, duly organized, empanelled and sworn as such at the January term, A.D., 2008, of the 175 I H Judicial District Court of said County, in said Court, at said term, do present in and to said Court that in the County and State aforesaid, and anterior to the presentment of this indictment, and: on or about the 23rd Day of November, 2007, JOSE ALBERTO GUTIERREZ, hereinafter referred to as defendant, did operate a motor vehicle in a public place while the said defendant was intoxicated, namely: the defendant did not have the normal use of HIS,meataland, physical faculties by reason of the introduction of alcoholinto HISbody

And it is further presented in and to said Court that, prior to the commission of the aforesaid offense, on the 11th day of JUNE, 1997, in cause number 651404 in the County Court No. 1 of Bexar County, Texas, the defendant was convicted of an offense relating to the operating of a motor vehicle while intoxicated.

And it is further presented in and to said Court that, prior to the commission of the aforesaid offense, on the 15th day of MARCH, 1995, in cause number 513195 in the County Court of Karnes County, Texas, the defendant was convicted of an offense relating to the operating of a motor vehicle while intoxicated.

ENHANCEMENT ALLEGATION

And it is further presented in and to said Court, that before the commission of the offense alleged above, hereafter styled the primary offense, on the 25th of SEPTEMBER A.D., 2000, in Cause No. 2000CR3253, in Bexar County, Texas, the defendant was convicted of the felony of DRIVING WHILE INTOXICATED 3RD OR MORE → aVAs aVCAIY A ClassifH HIS Adornanay not and degree

Before the commission of the primary offense, and after the conviction in Cause No. 2000CR3253 was final, the defendant committed the felony of DRIVING WHILE INTOXICATED 3RD OR MORE and was convicted on the 5th day of JUNE, A.D., 2003 in Cause No. 2003CR4123W, in Bexar County, Texas;

AGAINST THE PEACE AND DIGNITY OF THE STATE

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*24 NO. Nol Set.

TEXAS DEPARTMENT OF PUBLIC SAFETY VS.

IN AND BEFORE THE STATE OFFICE OF ADMINISTRATIVE HEARINGS, SAN ANTONIO, TEXAS

PLAINTIESS RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION

COMES NOW, Plantiff, the Texas Department of Public Safety, and files this, Plaintiff's Response to Defendant's Request for Production of Documents. ENCLOSED ARE THE FOLLOWING DOCUMENTS: Peace Officer's Sworn Report ◻ DWI Statutory Warning Notice of Suspension ◻ Breath Test Results ◻ Technical Supervisor Affidavit ◻ This is a Supplementai Answer

50Mainterance records and/or repair records are not in the Department's possession. The Departofent does not intend to supplement these documents.

At this time, ondocuments relating to the above defendant's atgest are in the Department's dentifle. The Department will supplementthisanswer when those documents become available. Nol Soum Sir 252825 es Accelevent Boiowarce 1002 = 1132619 Department's Request for Discovery At this time the Department requests copies of relevant documents and/or items in Defendant's possession, including but not limited to: Evidence that original hearing request was properly and timely filed, written statements, signed subpoena returns, and video or audio tapes. Additionally, the Deparment requests that Defendant be present at the hearing and be prepared to testify.

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*27 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306

2C0000002 3ART 5

  • FBI-IDENTIFICATION RECORD - FBI NO-853779EB7,

61-ARRESTED OR RECEIVED 2007/11/23 SID- TX05375445 AGENCY-POLICE DEPARTMENT SAN ANTONIO (TXSPD0000) AGENCY CASE-9P0308437X CHARGE 1-DRIVING WHILE INTOXICATED 3RD OR MORE CHARGE 2-THEFT & g t ; = $ 1 , 500 <$20K COURT-290TH DISTRICT COURT SAN ANTONIO (TX015185J) CHARGE-DRIVING WHILE INTOXICATED 3RD OR MORE PC 49.09(B) FELONY-3RD ORGREE- SENTENCE- 2008-08-06 CONVICTED, PLEAD GUILTY, TME-204 FNE-2000 CST-0456 RESTITUTION 2008-08-26 CONVICTED - APPEAL PENDING APPEAL 2009-02-20 CONVICTED - APPEAL PENDING, FINAL PLEADING GUILTY, APPEAL DISMISSED, TRANSFERRED TO ANOTHER AGENCY, AFFIRMED CHARGE-THEFT $1500 TO $20,000-VEHICLE FELONY-STATE JAIL FELONY PC 31.03 (E) (4) (A)

SENTENCE- PROSECUTOR HAS RECEIVED THE CHARGE WITHOUT PRECITRIAL DIVERSION 8 = 6 = 88 DSMD-DEF CONV OTHR FELONY-STATE JAIL FELONY, NO COURT DATA AVAILABLE

62-ARRESTED OR RECEIVED 2007/11/24 SID- TX05375445 AGENCY-DOCJ-BYRDUNIF HUNTSVILLE (TX2360658) AGENCY CASE-01177493 CHARGE 1 DWI SHOTO INFORMATION 67-ONE PHOTOS AVAILABLE *ECORD UPDATED 2012/03/12

ALL-ARREST-ENTRIES CONTAINED IN THIS-FBI RECORD ARE BASED ON FINGERRINE COMPARISONS AND BERTAIN TO THE SAME INDIVIDUAL.

THE USE OF THIS RECORD IS REGULATED BY LAW. IT IS PROVIDED FOR OFFICIAL USE ONLY AND MAY BE USED ONLY FOR THE PURPOSE REQUESTED.

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CITY MAKESTANTS CHARGE ENFARMATION

(1) FARO ENTHIRES II

FACTS OF ARREST: AN WAS OF A MY WHIL INTO...

FACTS FORDZNASE: (1) JAR. D 3007904336 - MUSING A 0.

2 MAKESTANTS FARO CNAPPE CHIV - 540405 (3) Report Filed 11-34-2007 @ 0049 Am? (4) See next page CNAPE No. 3005 - C6-1150 CHIV 006 WHEIDL MENIN FUND CNAPPE CHIV CH/DEMENT NON 954121, 11124107. (5) M600 MY FRE No. 353719587, PMT. 5, CHIV 16 FACELY BEATES Received and Committed, B7yd visit, HOWEVER, TX 11124107 in order to conceal MY NAV 24, 2007 BEAM CHOVEY SAIT FACAC Chage NON 954121, 954122, imPIXANENT and LIBRARY WIIMENT (6) Refere to be free from CHEE and ONVEAC PERICAMENT. (7) Refere to be free from CHEE and ONVEAC PERICAMENT. (8) Refere to be free from CHEE and ONVEAC PERICAMENT.

11 E was intentionally detected to be exLLMPing presecuted and published in privace Retailers of CNAPE No. 3006 - C6-1150 CHIV 11124107 CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept 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accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIXANENT CNAPE DOTLISM and my priwfe to accept (95) year imPIX

*29

*30

*31 IV. ARGUMENTS:

"TOUTH TO BE TOLD" (A) NEVER EVER OXEZALLY COMMERCE

WEST MY TOXAS POWER 49.09 (B) OXEWAY BY MY NOV 23 — NOV 24, 2007

COST MAKESYNATE COURT OF THE COMMERCE MAYE. ALL CHOLLCE FUNDMENT

City mapistrate and state court records exist under VISUNASE OF CIVCEd

City and State court official recognition misconduct, especially in this

and case, Edward Francis Chugaways III JEN 18134500, 2410

Highly initiated child verified City/State police court charge, by

way of descriptive court practice and identity (left of (B).

(See State bar of 10x109 presence at 5009092499 presence by

Chugaways.) Only 18 MSEARS (1808 (B) CIVS mapistrated NOV 24, 2007,

by 8 WARMANN CHAMMAN — 18050, which are the exact initials for 10x109

STATE H. 28 — 2008—CA — 1806 (C) MSEARS A MISMANN REPAVOR

TV City mapistrate eyecuited at 15.17 Bund and CAVEge (1807 (B), 110

evidence of fruit to fruit 18.07 findings. (Will take life-surce to fruit)

Appellant Finds severely different 96 min. leavege liberty

intruct due to enclusive verified City and state of 10x109 court recommendation

ECKNIS official recognition misconduct. (i.e., 8x11; 14x1; Amendment injuries.)

Ampellant and cantidad this verified 11.07 argument ceasings

Since the day of this police NOV 24, 2007, Eorar County still commitment, on

CALLIN NOVES, 2007 City mapistrate found CAVEge entities a liberty intruct

injuries. (See Case No. 2008—CA — 180, 2007 Celineal court event by. NCEE

NOV — the medium find but negreced.) 1805, AMMellant find coveral 11.07

Indoor 10x109 application, the case in particular, Case no. 2008—CA — NCEE,

Nation of state manimited coveral, Chugaways, Eelcely chomined a

State country of 80x109 coveral 11.07 verification, NOV 25, 2009 to the 290x10

State court recommendation. (See CME case copy.) NEDA significant Eeaw

intriced warmeded 11.07 state indecest evidentiary court hearing,

Ampellant overal have been really from this abbierment — 1806 —

State Court police conviction/dentative.

The child verified 10x109, AMMellant could even not be

ascribion to this part of the report for special innocence due to city

and state court official recognition and immediate agreement of

report made effective amperistment of coveral in the MSEARS

intruct of office and forerace over the 8x11, 14x1; amendment

VOLUTIONS AND MISMANN REPAVOR INSTIGUS.

(20x9)

*32 Edward F. Shaughnessy, III. (1845-55-2003) 206 E. LOCUST STREET SAN ANTONIO, TEXAS 78212 PHONE: (210) 212 - 6700

Robert G. Brown Senior Investigator Office of the Chief Disciplinary Counsel State Bar of Texas 126 E. Nueva Suite 200 San Antonio, Texas 78204 December 4, 2009 Re: S0090922499 Jose A. Gutierrez v. Edward F. Shaughnessy Dear Sir, I am enclosing for yours records, in the above-styled and numbered cause certain documents pertinent to that on going investigation. As you are aware Gutierrez appears to be complaining that, among other things, I "magistrated" or failed to "magistrate" him following his arrest on or about November 22, 2007. As I informed your office in my previous letter, I did not magistrate Gutierrez on that date. I have recently obtained a copies of the "magistration" forms utilized by the office of the Criminal Magistrate following the arrest of Gutierrez for two felony offenses on November 22, 2007. Those records reflect that Gutierrez was "magistrated" in a timely manner by a magistrate other than me on the morning of November 23, 2007. Should you have any inquiries regarding the enclosed documents you should contact James Kopp at the Criminal District Attorney's Office in Bexar County.

Gutierrez is using the bar grievance system for purposes of harassment and is perjuring himself in the process. Please take that into account when passing on his claims.

Sincerely, Edward F. Shaughnessy SBN 18134500

*33

EXECUTIVE DIRECTOR &; GENERAL COUNSEL CHRISTINE E. MCKEEMAN

DEPUTY DIRECTOR/COUNSEL GAYLE RJLEY VICKERS

EXECUTIVE ASSISTANT JACKIE L. TRUITT

November 12, 2009

The Board of Disciplinary Appeals

APPOINTED BY THE SUPREME COURT OF TEXAS

NOVEMBERS ALICE A. BROWN DAVID A. CHAUMETTE JACK R. CKEWS GARY R. GURWITZ MARVIN W. JONES KATHY J. OWEN DEBORAH J. RACE BEN SELMAN CHARLES L. SMITH THOMAS J. WILLIAMS

JOSE A. Gutierrez

#1523604, Stevenson Unit 1525 FM 766 Cuero, TX 77954

RE:

Disposition of Appeal Notice Jose A. Gutierrez v. Edward Francis Shaughnessy s0020922409; BODA Case No. 45353.1

Dear Mr. Gutierrez:

On November 12, 2009, the Board of Disciplinary Appeals appointed by the Supreme Court of Texas considered your appeal from the dismissal of the above complaint by the Office of the Chief Disciplinary Counsel of the State Bar of Texas. After reviewing the complaint as filed with the State Bar Chief Disciplinary Counsel's office and no other information, the Board grants the appeal, finding that the complaint alleges a possible violation of the following Texas Disciplinary Rules of Professional Conduct:

Rule(s) 1.06 (b)(2); 1.10 (c). The Board of Disciplinary Appeals will now return the case to the Office of the Chief Disciplinary Counsel for investigation and a determination whether there is just cause to believe.that the attorney has committed professional misconduct. The Office of the Chief Disciplinary Counsel will notify both parties of each step of the process, including asking the attorney to respond to the complaint. For information concerning the handling of the case from this point forward, please contact the regional Office of the Chief Disciplinary Counsel in charge of your case.

Information concerning the disciplinary system, the Texas Disciplinary Rules of Professional Conduct, and the Texas Rules of Disciplinary Procedure are available at www.texasbar.com. The Board's Internal Procedural Rules are available at www.txboda.org.

Very truly yours, Christine E. McKeeman Executive Director &; General Counsel

CEM/it

CC: Edward Francis Shaughnessy Laura B. Popps State Bar of Texas PO Box 13287 Austin, TX 78711 (512) 427-1350 (877) 953-5535 toll free

*34

VERIFICATION

Before me the undersigned authority, on this day appeared Edward F. Shaughnessy, III, who after being duly sworn avers and attests to the following:

My name is Edward F. Shaughnessy, SBN No. 18134500. I am licensed by the Texas Supreme Court to practice law in the State of Texas, and have been licensed continuously since October of 1981. In the spring of 2008 I was appointed to represent an individual by the name of Jose Gutierrez who was charged by way of an indictment with the offense of Driving While Intoxicated, third offense. The indictment also alleged that Gutierrez had been on two prior occasions been convicted of the felony offense of Driving While Intoxicated. Consequently, Gutierrezwas facing the possibility of a life sentence as a habitual offender (chemiestwork driver). (Thei tyforres.)

During the course of my conversations with my client it became very clear to me that he was in a state of denial as to the evidence that the State of Texas was capable of presenting if the case were to go to trial. He also was in a state of denial as to the legal consequences of the allegations in the indictment. I was eventually able to obtain an offer from the first chair. Yoye a coof prosecutor in the 290. District Court that in exchange for the applicant's plea of guilty, he would recommend a sentence of eight ( 8 ) years in confinement in the Texas Department of Criminal Justice, Institutional Division. That offer was rejected by the applicant, against my advice, and was subsequently withdrawn by the District Attorney's Office.

The case ultimately was reset for purposes of a trial. The applicant was then set to be tried when the State made a second offer. On the day of trial the State of Texas offered and the applicant accepted an offer of a twenty (20) years' cap; wherein the applicant could apply for community supervision and the State could seek a sentence of twenty years. The plea was entered and the applicantapplied for community supervision with a 8.5 L bearing scheduled. A pre-sentence report was created and a sentencing hearing was conducted. The applicant's application for community supervision was denied and he was sentenced to twenty (20) years by Judge Sharon MacRae in compliance with the plea bargain agreement.

At no time during my representation of the applicant did I advise him that the plea bargain was for six months of "drug treatment". The applicant was fully admonished by me as to the terms of the initial offer of 8 years. He was also fully admonished of the terms and consequences of the plea bargain that was ultimately accepted. Any claim that I advised him

*35 that his plea bargain was for 6 months of drug treatment is a complete and total falsehood. It is delusional thinking on the part of a chronic drunk who regrets rejecting his offer of 8 years and is abusing the writ process in hopes of obtaining relief that he is not entitled to obtain. The applicant was fully admonished and indicated that he was fully aware of the terms of both the plea bargain that he rejected and the plea bargain that he ultimately accepted. Any assertions by him to the contrary are wholly perjurious, and should be treated as such.

SIGNED, this, the day of November, 2009.

SUBSCRIBED AND SWORN TO ME by the said Edward F. Shaughnessy, III, on this the 1 3 day of November, 2009.

Notary Public

*36 Bascden THE following verififit STH; HTH; AMindmert ingftices PaCOs, AMindent Mays te pain Cefentie Myent or hasent hypo rporumtation in this most oryant mowter and tighy.

WHEEFINE, AMpriment prays this hentertate court of myent to - Frenr - 20100000 - of - fine Myent roviow in Caxcow. 2000 C6-1186, and NY 11.15 hasent roxio.

Erupcptiny svanitsce

C.C. Fronrd court - 005 -

E. 2.0.0. 1523604

Joporia M7ibow enit Edinburg, Yorke

CERTIFECTE OF STAVICE 2 certify a tive and correct very of the above and for epoing out of fine Myent motion, has been forwarded by the enit Mriow menit system, and Addres to the TEXAD CIIINIC Court of Myent Gortt mowinistration, P. 0. Box 12308, CepitoC CPIation, Muntin, TX 78711 MMM. 1860 C Mcmbt, Clark.

Erected on the 8871 doot of Secorber 2015.

(949)

*37 SUBJECT: State briefly the problem on which you desire assistance.

Hauserable Terms (CO) Committed to the Court

CC: Summe conterns (EC) about ocvict of the Court Compromised to the United States of the United States.

Cevice Court Recounts, to include NIV 22, 2007, exbice State Ennodment

COy Capacitive Court Compers that were never presented to any civ duty

NIV 22, 2007 Cify Capacitive Corps. By Cvicted Applicase Court Provides

Were inerediately Aiswivivipay—Rey 2007—Hub—Exbice State denied—to

NIV 22, 2007, Exsistive Case provided in TEX V.C.C. Act 1917 Provision of

Haus and Exsistive Cibige Bearing that Never Recrued the Justice Vested

Inspiring to the State in the 2 City—Explicitly about for the Inclusive Court

Name: of the 2 City, 2007

No: 1523609 Unit: Deposits in the 2

Livy Suarters: Cefleek 27-46

Work Assignment: MFOd 26

DISPOSITION: (Inmate will not write in this space)

Torn of ance that bead informally above and disditionated over to this

Inclined byd defense and mistake that amort history. Sufting that miscrable

Civicred Name of foree Imprisonant due to Civicred Court official above and

Corruption Explicit and Continuing to Order (PAC); (TOTAL); Amendment Inspiring, due

to the State Inclares Court inspiring and State Court official above of NIV 22, 2007, C. 251161; C. 26; C. 27;

Explicitly: C. 25; C. 27; C. 27; C. 27; C. 25; C. 25; C. 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25; 25;

*38 Bexar County CENTH DESTHECT COURT AND CENT OF IN AMYONZO MAAKETNATE FUNDAMENTAL AND DREZIOSCEAL EARLY TO DETAIN UNLANTAL - FRANS - STATE CENT OF TEXAS CHEMENAL -VOYS-CONVECTED - BEXAR COURTY CENZE NO. 2008-CN-1456 DUE. STAR AND IYTH ENGVRIES I. DOLTZONABIE FRANS CENT AND STATE CENTE - (BEXAR CO.) -

CENTERCEED ETHYSETS AND EENWENAS.

  1. ETHYSETS - FRANTH CENTAT OF MAKER ENGVRIES:

SCHOOL STANDY F. O. P. MENTRON (INTONIGAL AND DOLTZONS INVESTIMENT TO STEVE TEXAS PRICANTS OF ISESSON, NOV 26, 2008 FANTH CENT OF MAKERES CENT STREET. AND ENECEMED are dENIFFY FANTH CENT OF MAKERES CENT NATIONS, MEETING MEETING MAKERS IN 87 COMPLAINES WERE EVERGARDED. TO THE BEXAR COURTY 2007D DISTRICT CENTE, BUT NEVER ACKNOWledge AT FIFED WITH THE CENTHE DEPITY CENTE. (SEE 2008-CENTHES MAKE 1187 - CENTE ANNU- ES. AMERICAN AND FIFED DENTRE (AIGLE) DUE - FIFED MENTRONS EANWOROGRY NOV 22, 2007 DINEMER DOLTZONS AND MYTOT RISONS.

  1. DOLTZONABIE - FRANS - VOYS - OUGREMENT OF CONVEETYENN BY the CENTT

CENTH DOLTZONS EINSTRIES:

  • JACCIPANTY (D) NEVER CRAVED BY LAY OF MENTRON N. - 47.27 KC - BY LAY DONDIN 1797H BEXAR COURTY DISTRICT CENTE OF LAW GYNNDO GIVY - (F.P. INSTIGATION of MECKLE INTE THE BODY STRENCE. - JE ENWENE - FRANTS - BEXAR - STANDY DEPENDANTS AND CENTHES ETHYSETS CODING, ATE NOT AN EXACT CENTE. JEENLEO DOLTZONES OF (D) INSTIGANT CENTE, NEVER FIFED AT DISTRICT CENTE AND BEXAR CENTH DISTRICT CENTE DISTRICT. A BEXAR FANTH THE BEXAR COURTY CENTH EPICE MEETS INE PERFERCE CANE BE FANTHS, ENWIT MENTRON N. - (F.P. TEXAS MAKER EOSE VIOUSING 37.69; 37.10) FOR DOLTZONES SE NOCAL that DENTRE (lay ANGEVERGED AND STATE CENTE RECEADD AND EENWEDDICHY TRADEED AND DISTRILLSIC MENTRONES, NOT TO MYTHING DENTRE NEEVER EYOTHE CENTE BEHASTAMED ATE NOT ELEMENTNED. (F.P. TEXAS MYTHING DENTRE NEEVERGED AND DENTRE CONDONDED CONDONDING AND DENTRE DENTRE NEEVERGED AND DENTRE NEEVER EYOTHE OR, CENTRE DENTRE. (D) WAST PUCEDINY DINER DECEPPICE ACTS OF STATE CENTE DISTRICT. MENTRONES OF FIFED DISTRY ON 87/11/08 DINER FIFED MERCATION DISTRICTING DEPENDENCE.

(1874)

*39

8. ETHYECT PLANE ENSURE FONDERS?

  • Ecritically on 07/11/95 - (2) EUS ELECTY LETM MAYOR FAST STATE (2A) APRT AND EXEPTAL GROSS. - TEN VICED 12.12 ECC13 - DEVE ECCLNY ROBATION. (2) NIVOT REPUIRE OF ESSIPULO for ANY OTHER DEVE ROBATION. (3) EUS COMPETE to enter a INVENTORY MALE OF GUID ON A ELECTRICAL PRACTd - (MARITAL) - EMBANIEMENT TENN AND CONTINUE ENCAMENT TAYSTE by State MERCINICAL COURSED OF ECCING A NON-AVATIC LEE CONTINUE, U.E. CIGS NOT TAKE GROSS. DUE ROBATION STATE FAST PECAMMONOORIIN ELECTE UAS AN M ECE! (3) NIVOT REPUIREED NOT 26.12 (6) (1) (12) MARITAL RANICE! (4) NIVOT ROTICE OF ANY MERCINUM - 20 - ECCLNDY FOR REPLANOOR EMBAYEMENT MOVEMENT, DUE to the ELECTY PLACE AND REPLANO OF A -(MARITAL) - EMBANIEMENT LEE CONTINUE. C. ELECTRONAST AND VERTEEES, NOVES 2007, CENT OF STAN MUTANDS CONSESTANTS - FONDS - EMBANIEMENT - FONDERS - ENCERCE OTHER CONDY CONDETE ENETM - OUT ANY STNCEAN ANGEISTRICE CONDETENAN CONDY APRT - ECLERVE - ENCAMENT, ETHYICAL CONDYNIDES, OF DYNAGUE CAREE MENT INVENT HELICANTS FOR STANN NIMAS 95 (12) ; 95 WEE ENETDS.

  • ELECTICANY ON 07/11/95 at the beXar CONDY SAY ENCYN AND MEN MY CHEMICE BREAST MERCINAL RATE CONDETENA, EXEMPER ENCYN - ENONYMOUSLY AND CONSIDENTIARY REPUIRED 21233935; 21233940 -

ETOY OF DAN MOROUS - ENCYNCEES - NEGEISTRICE CENT INVERE NINd CRACE INGUYE 16 ENEW (EEN); (HYPN); PAEYN AND NEGEITY; AND TO SUGGOT CLAHES OF RATE CRACE ENCYN ENCYNCE ETHY EY, 2007, ELDO the beXAY CONDY ETHYICAL ELECT ECEYE EVERYN AND ENCYNCE ETHYAL ELECT ECEYE EVERYN AND ENCYNCE ETHYAL ELECT ECEYE EVERYN AND ENCYNCE ELECT ECEYE EVERYN ENCYNCE ELECT ECEYE ECEYE EVERYN ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE ECEYE

*40 C. EXHIBET PLANN ERNOR FENOXNRS.

  • Specifically MYtische never MYtified at 1930 MY MYPIOTINE mithRE, after his 1611 marranties MYtacty MYtacted under MUSipment at 70901236/61, CME EINE ON 12-03-07 1336AM.

Specifically MYtische Personae belonging to Eyn OVEYVE bnE MYtief ENHOMBNTY or reECHINER. MAMMYtically EYE CONSEL bnE bNEE PAYERIE "SPEENA" OFUE to the COURING, missing EHOMt, TEX. E. G. JOE OMES; B. 500 ; CLLING; PYCHINES etc.

Specifically MYtische never JOHN or OEN ANY TAYER EMPTIE CHEMONS EN NO AMYtITIF'S LYNCE OF gNSTINABLE EHOM CENTRALY.

  • Specifically MYtische mOVISE (2522) A. BEVERNEE OF MYtIINGS 1991 EHUP-BACK - bONE FUSION DETEENT ONd being ON MOVISE. EYNIG PAYIVE HYPOT.
  • Specifically MYt the EHY MYPIOTINE PERVITION PENCY, MAY 23, 2007, MYtITICO EVER Never MAYNCE to BENZENT EVERNEEE FANCE MALE MANTITAL MYtICt isGUE ONd CME ELECTURY AND/or EHYMAT MYPIOTINE EHUT EANGER EXHUMBENTY EMMPIOTINE MAY 24, 2007 NIE the B.C.G.C. - 6200763753 - 01 - AND OF EMITIES. (OCE ENCEEED B.C.G.C CMENAE MYtICt EMEMAMITICO ENYOYE) - 820076375301 /02 - EHYMAT INVIGANT/AFICAT dNIE MAY 24, 2007 ( 0049 MM.) JOE ANOE ENCEEED FSTE NO. 82379827 C3ST EMPHYTIVE/ANOISE. AL EPICOYE, MAY 2, ENYEY 16 AMY 17.) - STRAVEMAN ENTRY —.
  • Specifically ENCLEEED - AGEY 25/06/05 ENEAMYE CHEMON. EOBS-CE-HES ONVE CONVERTING, NO CUNG MAYVE BY the EYNIG (3AS) MAMYPIOTINETIVE MATING MELATRY, AMNAVOLIC LEVING that NO CYTIFICO dECUMNEE VITATING to the ASIVE MAY 23, 2007, DEPENDANTS SOVE MYtICt AVE IN the DEPARTMENT A.G.A. file. DHS Never EMPHYTIVE EMPTICE (OIC 23, 24125) OUE INVESTIGATION EPICOYE, EYN MAY 23, 2007 FANCE MILATLE MYtICt.

  • Specifically CANEE NO. 2005-CE-1159, BEVER EHOMB, 290M; COURY PHYTICLEGE EOE MLEOTIS -11/24/07 - CO/DEPENDANT NMAE 954121 - OUE FANTE CHAME ENHY by the EHY MYPIOTINE EHUTE MORTHISTINATION AND CENEYE DCCOND MANTITAL CENYEEL, EANEYEHUVEY CONSEILING, NIE CANE MERCH ENHY MORTHIS, NIE. MAY 24, 2007 IN A MOVISE EHOMBY CHEMON EOSE FANING the EHY MYPIOTINE MORTHIS CENY MYtIC. (30F4)

*41

b. ETHERET HEMED ERNE FENGERES

CONCELNING MY O'NE EAF OF EENNE DRIECHNE * 3009822499 , ONLY MY. O'NEVANEZY ASKETTE FAAT A MY C'INY C'EVIP MEJEIYNE C'APMID REJO AC'MMINITAF - ATT IS. IT - MEJEITYNE REATING IT NOT five. MY'TSTE NEV'T D'JIN OF MYNEE ANY INITAL - ATT IS.17 -YEAR C'EVIP REATING EAF O'ANIN * 954121 ; 954122 ; ENSTRISE.

ENCLOSCE, C'EVIPCE AL' YEENE C'EPIES EVER ADVIVIN THAT MY'TSTE C'INY MEJEITYNE N'NAR * 954121 ; 954122 ; WERE MACEICINING - EVEREER O'MINE - N'EST, ZOOT O'TED O'NE - FENGES - AS MYTSTE EVERYAL RATICUY E'N C'INY MEJEITYNE A'VIGING C'EVIPC WIFL SOVITAL O'LIF WAYCONTLESE MYTSTECE.

EN'TNE EAFLY MEASING A'TE, N'EV 24, 2007, MYTSTE EVERYAL RATICUY O'LIF VIL - O'NEVANEZY, O'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N'N

Case Details

Case Name: Gutierrez, Jose Alberto
Court Name: Court of Appeals of Texas
Date Published: Dec 18, 2015
Docket Number: WR-70,885-11
Court Abbreviation: Tex. App.
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