IN THE FOURTH COURT OF APPEALS SAN ANOXDNIG, TEXAS
ABELPi^DO G- GONZALEZ 1622682 § Appellant/ Pro-se § § § COA No. 04-15-00529-CR vs. § COA No. 04-I4-00530-CR § § OOA No. 04-15-0053i-CR THE STATE OF TEXAS § Appellee §
CXX«T ORDERED REPLY
NOW GOME'S Appellant ABELARDO G- GCWZALEZ, pro-se in the above mentioned proceediiMS and reply's to a Court Order dated Septemeber 18/ 2015 reuardinu
lUrisdiction/ amonu other thinqs.
I. TmniG OF TOE FILING THE REPLY
Appellant was Ordered to reply by Oct. 12, 2015 and is filing this reply on Oct. 3, 2015, which is timely filed by placing it in the C.T. Terrell prison nailbox and thusfore timely filed under the prison mailbox rule.
II. COURTS ATTENTION
(a) The Court Order dated September 18, 2015 state's this case(s) are from the 111th District Court- IT IS NOT, its from the 49th District court.
(b) The Clerk had appellant incorrect mailing address, and does not know if he has received all the clerks and Court mailings.
(c) Appellant to this date has not veiwed the Trail Courts CLERK RECORD and thusfore does not know what wrong with it, and can [N]OT correct it since he has HOT veiwed the CLERK RECORD. ,
\/\Z III. INSTANT EVOCEBDINSS
[l]n this instant proceedings appellant state's the Appeal being sought is golelv to appeal the Denial of his [POST-TRIM.] SECOND MOTION TO RECUSE Uhder T.R-Civ.Pro. RULE 18a filed on March 3, 2015 and dENIED on July 11. 2015. [T]his is [n]OT a interlocutory appeal, since final judgment was rende red by the Trail Court on Jan. 15, 2015 against appellant SEE Exhibit's ( ) J/C SHEET'S.
IV- APPELLANT ACTICNS
Appellant has showed due diliqence by taking the following action's as a pro-se appellant to appeal the DENIAL of the SECOND MOTION TO REOOSE by doing the following:
(1) Timely filing a NOTICE OF APPEAL on the denial of his post-trial Motion to Recuse on August 10, 2015,
(2) Filinu a MOTION FOR CERTIFICATION CW THE RIGHT TO APPEAL under T.R.A.P. 25.2 (a)(2), with the Trail Court on Sept. 7, 2015: Exhibit (V )
(3) Reciuest for the Preparation of the Clerk Record for Appeal under T.R.A.P. RULE 34.2 AGREE RECORD RULE filed on SEPT 9, 2015 with the trial court Clerk: SEE Exhibit ( 5, ) (4) On SEPT. 15, 2015 Appellant submitted a letter to the clerk of the fourth Court of Appeals for Information. f£x 6
(5) On SEPT. 15, 2015 Appellant submitted a letter entitled FCXNIAL REDDEST TO CI£CR OOT THE CLERK RECORD FROM THE DISTRICT CLERK OFFICE under T.R.A.P. FULE 34.5(g): SEE Exhibit ( 7 ) since his appearing pro-se.
(6) On SEPT. 18, 2015 Appellant submitted to the Clerk of the fourth Court of appeals a request to be provided the cost to obtain copies of the Trail Court Clerks Record, (NO REPLY TO DATE HAS BEEN RECEIVED). Ex 8 The request was labled URGENT RBODEST TIME SENISTIVE **N0 REPLY TO DATE**
(7) On SEPT 29, 2015 Appellant received a reply to #5 from the trail Court Clerk stating the Clerks Records where to long and only provided index sheets SEE Exhibit( S ) THIS IS NOT WHAT APPELLANT REOUESTED IN #3 AQtEE RECORD RULE, since he was onlv appealing the denial of the Second Motion to Recuse.
Z/lZ (8) On OCT. 3, 2015 Appellant received a letter from the Fourth Court of Appeal Clerk dated SEPT 21/ 2015 with a postmark on the env. of SEP 29 2015. (stating the clerk "we do have your correct address on file".
I would like to show the court, I beg the clerk different by the following Exhibits showing a incorrect address SEE Exhibit ( ti , IZ ) by this I'm in grave doubt that if I have received all the filings, notices. Order's from the Clerk or the court, and this has PREJODICE appellate.
V. JURISDIOFION NATIER
WITHOUT knowing what's in the Clerk Record Appellant can not know
whats lacking or missing and can not ask the trial court to file a supplemental
clerk's record to show this court's lurisdiction. But appellant state's the follcwinq to this court:
(A) The appeal being sought is from the SECOND MOTION TO RECUSE. A motion to Recuse is appelable under T.R.Civ-Pro. RULE 18(|}(1)(a) from [final judgment],
(B) Appellant's SECOND MOTION TO RECUSE is a [POST-^miAL] MOTION [POST-VEBDICT]
(C) FINAL JUDGMENT was entered on Jan. 15, 2015.
(D) threfore [N]ot a interlocutory appeal.
VI. aXJRTS ASSISI!ANCE
Appellant respectfully asks this court assistance which is available under T.R.A.P. to intervene as authorise under Tex. Rules of App. Pro. to protect the integrity of the Appeal Procces since Appellant is appearing Pro-se and is in prison and has showed due diligence mention in IV. APPELLANT ACTION noted before hand.
3/lZ VII. AMENDING REFLY
Appellant reserve's the right to amend this reylv to submitt copies of Exhibits that where not included since at the time of submission the 0091es have not been return and time is of the essence to submit this replv to meet
the deadline imposed bv the court/ and other exhibits become avilable/ and just ice reau ire's.
VIII. EXHIBITS
1. Judyment of Conviction bv Jur/ Sheet 662/COA#530 2. Judyment of Conviction by Jury Sheet 665/HoA#531 *3. Judgment of Conviction by Jurv Sheet 657/C0A#529 4. Motion for Certification of Right to Appeal *5. Request for Preparation of the Clerk Record 6. Letter to 9th coa Clerk reuuest*. for info- 7. Formal Reguest to check out the Clerk Record 8. Letter to 4th coa to request a pricefor the CR 9. Reply from Trail Clerk,on the request to be loan out the CR 10. Second Motion for Certifiation of Rioht to Appeal *11. Letter from coa Clerk showincj wrong address for case 531 *12. Letter from coa Clerk showing wrong address for case 529
* This Exhibits will be submitted in a amended RE^LY
IX. PRAYER
Appellant respectfully ask the Honorable court not to dismiss but to assist the appeal for the mention reason's stated above, since appellant has not veiwed the Trail Court Clerks Record. Appellant has sutxnitted a seodnd CERTIFTCATTON OF RIGHT TO APPEAL to the Trail Court cop/ included herein as Exhibit. HO ).
Respectfully submitted.
Abelardo G. Gonzalez 1622682 C.T. Texxell B-3-40 1300 F.M. 655 Rosharon, Texas 77'=ift3 Appellant) t t^o-se
V/iZ Case No. 2008CRR000662D1 Count I &IU. iNCIDE.NT NO./TRN: 91273038553 The State of Texas In The 49TH District
V. Court § ABELARDO GERARDO GONZALEZ § WEBB County, Texas § State ID No.; TX05095629 §
Judgment of Conviction by Jury Judge Presiding: HON. JOSE A. LOPEZ Date Judgment Entered: 1/15/2010
Attorney for Stale: SERGIO LOZANO AND Attorney fur EDWARD NOLEN Defendant: OSCAR A, SR. vV Offense for tvhich Defendant Convieted: AGGRAVATED ROBBERY F/l-COUNT I AND ENGAGING IN ORGANIZED CRIMINAL ACTIVITY F/l-COUNT II Qtarging Instrument: Stature for Onenso INDICTMENT ^3 AND 7l702(Ji) Penal Code Date of Offense: 12/5/2008 Degree of Offense: Plea to Offense: 1ST DEGREE FELONY NOT GUILTY Verdict of Jury Findings on Deadly Weapon: GUILTY N/A Plea to l" Enhancement Plea to 2'"' Enhancement/Habitual Paragraph: N/A Paragraph: N/A Findings on 1" Enhancement Findings on 2'"' Paragraph: N/A Enhancement/Habttual Paragraph: N/A Punished A.s.sessed bv: Date Sentence Imposed: Date Sentence to Commence: JURY 1/15/2010 1/15/2010 Punishment and Place of Confinement: 30 YEARS INSTITUTIONAL DIVISION, TDCJ - PER COUNT THIS SENTENCE SHALL RUN CONCURRENTLY.
• SENTE.NCE OFCONFINEMENT SUSPENDED.
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IN THE FOURTH COURT OF APPEALS SAN ANOXDNIG, TEXAS
ABELPi^DO G- GONZALEZ 1622682 § Appellant/ Pro-se § § § COA No. 04-15-00529-CR vs. § COA No. 04-I4-00530-CR § § OOA No. 04-15-0053i-CR THE STATE OF TEXAS § Appellee §
CXX«T ORDERED REPLY
NOW GOME'S Appellant ABELARDO G- GCWZALEZ, pro-se in the above mentioned proceediiMS and reply's to a Court Order dated Septemeber 18/ 2015 reuardinu
lUrisdiction/ amonu other thinqs.
I. TmniG OF TOE FILING THE REPLY
Appellant was Ordered to reply by Oct. 12, 2015 and is filing this reply on Oct. 3, 2015, which is timely filed by placing it in the C.T. Terrell prison nailbox and thusfore timely filed under the prison mailbox rule.
II. COURTS ATTENTION
(a) The Court Order dated September 18, 2015 state's this case(s) are from the 111th District Court- IT IS NOT, its from the 49th District court.
(b) The Clerk had appellant incorrect mailing address, and does not know if he has received all the clerks and Court mailings.
(c) Appellant to this date has not veiwed the Trail Courts CLERK RECORD and thusfore does not know what wrong with it, and can [N]OT correct it since he has HOT veiwed the CLERK RECORD. ,
\/\Z III. INSTANT EVOCEBDINSS
[l]n this instant proceedings appellant state's the Appeal being sought is golelv to appeal the Denial of his [POST-TRIM.] SECOND MOTION TO RECUSE Uhder T.R-Civ.Pro. RULE 18a filed on March 3, 2015 and dENIED on July 11. 2015. [T]his is [n]OT a interlocutory appeal, since final judgment was rende red by the Trail Court on Jan. 15, 2015 against appellant SEE Exhibit's ( ) J/C SHEET'S.
IV- APPELLANT ACTICNS
Appellant has showed due diliqence by taking the following action's as a pro-se appellant to appeal the DENIAL of the SECOND MOTION TO REOOSE by doing the following:
(1) Timely filing a NOTICE OF APPEAL on the denial of his post-trial Motion to Recuse on August 10, 2015,
(2) Filinu a MOTION FOR CERTIFICATION CW THE RIGHT TO APPEAL under T.R.A.P. 25.2 (a)(2), with the Trail Court on Sept. 7, 2015: Exhibit (V )
(3) Reciuest for the Preparation of the Clerk Record for Appeal under T.R.A.P. RULE 34.2 AGREE RECORD RULE filed on SEPT 9, 2015 with the trial court Clerk: SEE Exhibit ( 5, ) (4) On SEPT. 15, 2015 Appellant submitted a letter to the clerk of the fourth Court of Appeals for Information. f£x 6
(5) On SEPT. 15, 2015 Appellant submitted a letter entitled FCXNIAL REDDEST TO CI£CR OOT THE CLERK RECORD FROM THE DISTRICT CLERK OFFICE under T.R.A.P. FULE 34.5(g): SEE Exhibit ( 7 ) since his appearing pro-se.
(6) On SEPT. 18, 2015 Appellant submitted to the Clerk of the fourth Court of appeals a request to be provided the cost to obtain copies of the Trail Court Clerks Record, (NO REPLY TO DATE HAS BEEN RECEIVED). Ex 8 The request was labled URGENT RBODEST TIME SENISTIVE **N0 REPLY TO DATE**
(7) On SEPT 29, 2015 Appellant received a reply to #5 from the trail Court Clerk stating the Clerks Records where to long and only provided index sheets SEE Exhibit( S ) THIS IS NOT WHAT APPELLANT REOUESTED IN #3 AQtEE RECORD RULE, since he was onlv appealing the denial of the Second Motion to Recuse.
Z/lZ (8) On OCT. 3, 2015 Appellant received a letter from the Fourth Court of Appeal Clerk dated SEPT 21/ 2015 with a postmark on the env. of SEP 29 2015. (stating the clerk "we do have your correct address on file".
I would like to show the court, I beg the clerk different by the following Exhibits showing a incorrect address SEE Exhibit ( ti , IZ ) by this I'm in grave doubt that if I have received all the filings, notices. Order's from the Clerk or the court, and this has PREJODICE appellate.
V. JURISDIOFION NATIER
WITHOUT knowing what's in the Clerk Record Appellant can not know
whats lacking or missing and can not ask the trial court to file a supplemental
clerk's record to show this court's lurisdiction. But appellant state's the follcwinq to this court:
(A) The appeal being sought is from the SECOND MOTION TO RECUSE. A motion to Recuse is appelable under T.R.Civ-Pro. RULE 18(|}(1)(a) from [final judgment],
(B) Appellant's SECOND MOTION TO RECUSE is a [POST-^miAL] MOTION [POST-VEBDICT]
(C) FINAL JUDGMENT was entered on Jan. 15, 2015.
(D) threfore [N]ot a interlocutory appeal.
VI. aXJRTS ASSISI!ANCE
Appellant respectfully asks this court assistance which is available under T.R.A.P. to intervene as authorise under Tex. Rules of App. Pro. to protect the integrity of the Appeal Procces since Appellant is appearing Pro-se and is in prison and has showed due diligence mention in IV. APPELLANT ACTION noted before hand.
3/lZ VII. AMENDING REFLY
Appellant reserve's the right to amend this reylv to submitt copies of Exhibits that where not included since at the time of submission the 0091es have not been return and time is of the essence to submit this replv to meet
the deadline imposed bv the court/ and other exhibits become avilable/ and just ice reau ire's.
VIII. EXHIBITS
1. Judyment of Conviction bv Jur/ Sheet 662/COA#530 2. Judyment of Conviction by Jury Sheet 665/HoA#531 *3. Judgment of Conviction by Jurv Sheet 657/C0A#529 4. Motion for Certification of Right to Appeal *5. Request for Preparation of the Clerk Record 6. Letter to 9th coa Clerk reuuest*. for info- 7. Formal Reguest to check out the Clerk Record 8. Letter to 4th coa to request a pricefor the CR 9. Reply from Trail Clerk,on the request to be loan out the CR 10. Second Motion for Certifiation of Rioht to Appeal *11. Letter from coa Clerk showincj wrong address for case 531 *12. Letter from coa Clerk showing wrong address for case 529
* This Exhibits will be submitted in a amended RE^LY
IX. PRAYER
Appellant respectfully ask the Honorable court not to dismiss but to assist the appeal for the mention reason's stated above, since appellant has not veiwed the Trail Court Clerks Record. Appellant has sutxnitted a seodnd CERTIFTCATTON OF RIGHT TO APPEAL to the Trail Court cop/ included herein as Exhibit. HO ).
Respectfully submitted.
Abelardo G. Gonzalez 1622682 C.T. Texxell B-3-40 1300 F.M. 655 Rosharon, Texas 77'=ift3 Appellant) t t^o-se
V/iZ Case No. 2008CRR000662D1 Count I &IU. iNCIDE.NT NO./TRN: 91273038553 The State of Texas In The 49TH District
V. Court § ABELARDO GERARDO GONZALEZ § WEBB County, Texas § State ID No.; TX05095629 §
Judgment of Conviction by Jury Judge Presiding: HON. JOSE A. LOPEZ Date Judgment Entered: 1/15/2010
Attorney for Stale: SERGIO LOZANO AND Attorney fur EDWARD NOLEN Defendant: OSCAR A, SR. vV Offense for tvhich Defendant Convieted: AGGRAVATED ROBBERY F/l-COUNT I AND ENGAGING IN ORGANIZED CRIMINAL ACTIVITY F/l-COUNT II Qtarging Instrument: Stature for Onenso INDICTMENT ^3 AND 7l702(Ji) Penal Code Date of Offense: 12/5/2008 Degree of Offense: Plea to Offense: 1ST DEGREE FELONY NOT GUILTY Verdict of Jury Findings on Deadly Weapon: GUILTY N/A Plea to l" Enhancement Plea to 2'"' Enhancement/Habitual Paragraph: N/A Paragraph: N/A Findings on 1" Enhancement Findings on 2'"' Paragraph: N/A Enhancement/Habttual Paragraph: N/A Punished A.s.sessed bv: Date Sentence Imposed: Date Sentence to Commence: JURY 1/15/2010 1/15/2010 Punishment and Place of Confinement: 30 YEARS INSTITUTIONAL DIVISION, TDCJ - PER COUNT THIS SENTENCE SHALL RUN CONCURRENTLY.
• SENTE.NCE OFCONFINEMENT SUSPENDED. DEFENDANT PLACED ON COM.MUNITY SUPERVISION FOR N/A LjK; Court Costs: Restitution: Restitution Payable to: S10,000.00 PER COUNT $350.00 $N/A D VICTIM (see below) CD AGENCY/AGK.NT (.see below) Sex Oflender Registration Requirements do notapply to the Defendant. Tkx. CODE Grim. Proc. chapter 62. The age of the victim at the time of the offense was N/A . If Defendant is to serve sentence in TDCiI. ontcr 1ncnreeration neriods in chiiiinoloeiciilorder From 2/li.h. erUWC days• redited Ik lim 32 DAYS NOTES: TOWARD INCARCERATION All pertinent inrnrmation. namesand assessments indicatedabove are incorporated into the language of the iudgmeiit below by reference This cause was called for trial in County, Texas. The State appeared by her District Altornoy Counsel / Waiver of Counsel Iselect onel IS Defendant appeared in person with Counsel. D Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in ojicn toiiri It appeared to theCourt ihat Defendant was mentally competent aiid had pleaded a.s shown above to thecharginK instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the chargedoffense. The Court received the plea and entered it of record £xl 5/iZ .niDGMENT ABEI.AKIX) fiONV \LE2-CONVIC BV n'KV.2 l'.lKr I tif? Case No. 2008CRR000665D1 Count ril & IX Incident No./trn: 91273038553
The State OF Texas I.NTnE49TII DrsTRicr
V. Court
ABELARDO GERARDO GONZALEZ WTEBB County. Tk.xas
.^TATi; II) .\0 : TX05095G29
Judgment of Conviction by Jury •JuiIiCf I'iv.skIiii.: lloN. JOSF. A. LOPEZ l/!r)/20IO KnU'rriJ[_ SEii^oTozrwrANU Aiti)n»-> for Aimi iii'V ft>r St;iU'; OSCAR PEN A. SR. KDWAKU NOLEN Offi'iisji for wlucli Diffoiiiliim Coiiv}riei| .AOGRAVATED ROBBERY l*7i-C0UNT III AND ENGAGING IN ORGANIZED CRIMINAL ACTIVITY I71-C0UNT IX _ Ch.Ti-iMiig lii.sdunu'lil: .SiiUiui' foj' Ofl'fiiHi'- INDICTMENT 29.03 AND 7l.0'2(ti) Per [');uo nf OIToiiso: i/23/2008 Di-Kii'i' of I'loii to OIToiiso: 1ST DEGREE FELONY NOT GUILTY jj: YfiuUcuiOiury: Fiiiihiigs on Di'ijislly.Wortpy|v GUILTY N/A to I*' KnIirtnreiJii'iil I'lo.i lo 2""' Kiili;in(Viiii'iil/n;il)il ii;il I'rtiMCriipl). N/A l'i>r:n;r:i|'Ii _ __ _N/A Kiiidiiics oil 1" Knhaiiceinoni Fincliiics on 2'"' l';ii':iKr:ipli' N/A Rnliaiu:oiiii-iit'M:il)ilu:tl I'iirrtU'.'I'li _ _ l^iiishrcl As
D SKNTKN'CK OF CO.NKINKMKNT.SU.SI'KNDKI). OKl-KNIJANT IM-ACKl) ON CO.M.Ml^Nn Y.SUI'KltVISION '2>'| N/A . Tiiio. Court CosU: I^c.sliluiniir Ui'...liUitiiiii PavaMo lir ri(),000.00-PER COUNT $390.00 $N/A • vicTiM (soo Wiow) • agk.ntv/aOK.nt is.-.- (•.•low) Sox OlTt'lidor RcKistrutinii Uuquiromcnts do not iippl.v to ll>o Duruiidaiit. .'I'K.x (^OliK CidM, I'ltdC chapli-r112 *
Tlic attf! iif ihr viriiiii .it tlu; tiino ofl-lir offense w.t-i N/A •' If l)vf(;r|ilanl. is to .-im vi- *iNiJrjKC."iLTI).GLi'.'Vi;UJ"' ;''' ri-.ltU'J>.rrii!'.iLN iii.cllioriolpitic.'lyid'-i Fio.ii 2/1•1/21108 I.I :i/1 1/2008 l-r..m 1/11/2010 t.. 1/12/2010 Kiom I/l.V20t0 i. I/1.V20I0 Time Kiom ' fo I*10 in lo Ituhi Id Ociltted' |f "> ConniVJrtilor.i:. CrtVM.iir'-d.ij ".•«.;oiLCiiu; ai»< •. "I'.i "t.ij •• i 32 DAYS NOTK.S:'I'OWARD INCARCERATION ~ Alt |ii.r(iiii-n( iiirormnliiMi, ii«iiii-» .tnU ni..rs<>iiii-iU» iiiilii-nlrH aloof amiiii-iir|inrntf.-iil lifiow h» rffi-i rm-f Thi.x taii'irt wax c.illed far ti'i.'tl in tNuinly. Ti!.xa> I li." .Slair apiirari'd liy hot Dixinrl Alloriirv CimnscI / Will viT of (.'oo.nM'L,tsi!ljfCl UQ.f,) Q Di'fciid.inl appcaivd iii person witli (fnuii.sol Q Drfrndam knowingly, inli'llicfiilly. and vnhinlanly waived the nitlil lo repre.senlalmn liv rmin.-ol in wi ilmu miiprii roiiil It .rtppearoil In tlu: Conri that DefeiidaiU w.i.s incniallv competent and had pleadcil aa shown ahove to the ch.iiRini; instrument Hoth partie.s .tnnotineed ready for in.il Ajuiy wa.s selected. im|ianeli;il. and sworn The ISDICTMKNT «.is read to ili- jurv. and Defcnd.iiit entered a plea to the charged offi'ii.se. The Court received the plea and entered it ufierord
JfOflklKVT \IIEL.X«n
£.% 2. 2008-CRR-0657-D1 URGENT ATTENTION BY COURT 2008-CRR-0662-D1 2008-CRR-0665-D1
ABELARDO G. GONZALEZ 1622682 § APPELLANT / PRO-SE § § IN THE 49th DISTRICT Vs. § COURT OF § WEBB COUNTY, TEXAS STATE OF TEXAS § §
MOTION FOR CERTIFICATION OF laGHT TO APPEAL UNDER T.R.A.P. RULE 25.2(a)(2)
TO THE HONORABLE JUDGE OF SAID COURT:
Now Comes Appellant Abelardo G. Gonzalez pro-se and respectfully moves this Court for Certification of Riyht to Appeal under T.R.A.P. RULE 25.2(a)(2) of the Denial of MOTION TO REGUSE the Honorable Judge Jose Antonio Lopez for judicial bais from any futher proceedings in the above mention cause's of action, filed under T.R.Civ. Pro, RULE 18a RECUSAL and DISQUALIFICATION OF JUDGES.
The Denial was ruled on Sunday July 5, 2015 while on vacation but was signed on JULY 16, 2015 by the Honorable Adroinstrative Judge David People's of the Fourth Adroinstrative Judicial Region of Texas EXHIBIT (A).
A,.denial of a T.R.Civ. Pro. RULE 18a MOTION is appealable under T.R.Civ- Pro, RULE 18a(j)(l)(A) for abuse of discretion from final judgment, and since . there is nothing left to litigate in the above mention proceeding this is a final judgment for all purpose's.
The request for Certification for the right to appeal is for the following Fourth Court of Appeal cause numbers, 04-15-00529-CR,04-15-00530-CR and 04-15- 00531-CR. The NOTICE OF APPEAL was filed Qn.2015 AUG 10 AM 9:33.
CERTIFICATE OF SERVICE Respectfully/submitted, I hereby certify that a- true and correct copy of this motion Abelardo G. Gonzalez 1622682 was mailed to Wetto County D.A.s C.T. Terrell B-3-40 Office atP.O. Box 13<0 ^redo, 1300 F'.M. 655 Tx. 78040 Rosharon, Texas 77583 Abelardo Gon2:alez Appellant / Pro-se ^ h.% 11\2, f -1
To: FOURTH COURT OF APPEALS CLERK OF THE COURT
From: ABELARDO G- GONZALEZ 1622682 Appellate / Pro-se
Re: REQUEST FOR INFORMATION On Cause's COA No-s 04-15-00529-CR 04-15-00530-CR 04-14-CX)531-CR
Date: SEPT. 15, 2015
Dear: CLERK OF THE COURT
Now Comes respectfulIv yours Appellate ABELARDO G. GONZALEZ pro-se and infroms the Clerk that Appellate has three Appellate proceedinqs in the court in the above mention, but received only cme notice from this Clerk that the Clerk trial Record was received and filed with this Clerk on only 04-15-00530- CR on a letter dated Sept. 9, 2015.
Appellate needs to know urgently that (ONE) did the trial court Clerk only filed one Clerk record for cause 04-15-00530-CR or (TWO) did the notice from this Clerk for cause's 04-15-00529^cR and 04-15-00531-CR had Appellate's wronq address and where niss delivered, since Appellate had notice on letters from thhis Clerk that Appellate's address was wrong and give prior notice to this clerk about the matter or (THREE) did the Clerk of the trial court filed one Clerk Record for all three mention appeal causes?
THIS IS A VERY TIME SENSITIVE ISSUE, A REPLY IS RESPECTFULLY REQUESTED TO PRESERVE APPELLATE"S RIGHTS
Respec ully your
Abelardo G. Gonzalez 1622682 C.T. Terrell B-3-40 1300 F.M. 655 Rosharon, Texas 77583 Appellate / Pro-se
Ex 6 Q/\Z •- .iI ' ,' I •1
To: WEBB COUNTY DISTRICT CLERK OFFICE OF ESTHER DEGOLLADO
From: ABELARDO G. GONZALEZ 1622682 T ^ Appellate / Pro-se oj CO I''! g-.. ^ Re: FORMAL REQUEST TO CHECK OUT j cT;.i THE CLERK RECORD FROM THE :
Trial Cuase's No-s COA Cause's No.s S? 2008-CRR-0657-D1 04-15-00529-CR Co
2008-CRR-0665-U1 04-15-00531-CR 2008-CRR-0662-D1 04-15-00530-CR
Date: SEPT- 15, 2015
GREETING'S, Now Comes Appellate Abelardo G. Gonzalez representiny himself PRO-SE in the above mention Appeal proceedings in the Fourth Court of Appeals and request to check out the Clerk Record (CR) from the Webb Count/ District Clerk Office which was prepared and a copy filed with the Fourth Court of Appeals on Sept. 9, 2015-
GOOD CAUSE exist to check out the clerk Record, so appellate can properly file a meaninqful appeal and cite the record in the Appellate Brief's and since entitled under Tex. Rule App- Pro- RULE 34<5(q} to do so, and without it would be PREJUDICAL.
NOTICE T0 CLERK is hereby given this request is a VERY TIME SENSITIVE ISSUE since appellate has [0]nly 30 days to file his Appeal Brief's from the filing of the Clerk Record with the Appeals Court which was on Sept. 9, 2015 Or in the alternate a complete and true copy of the Clerk Record could be affored to Appellate to keep since it's a very short Record about 20 page's or so.
Respectfully ^bmitted,
Abelardo G. Gonzalez 1622682 C.T, Terrell B-3-40 1300 F.Mi, 655 Rosharon, Texas 77583 Appellate / Pro-se
Ex 7 9//a To; FOURTH COURT OF APPEALS CLERK OF THE COURT
From: ABELARDO G. GONZALEZ 1622682 Appellate / Pro-se
Re: COTY OF CLERK TRIAL RECORD FILED WITH THE CLERK on 04-15-00530-CR
URGENT REQUEST TIME SENSITIVE
Date: SEPT. 18/ 2015
Now Comes Appellate Abelardo G. Gonzalez in the above appellate proceedinqs and formal requests to be given a price of the Clerk Trail Record that was filed with the Clerk on Sept. 9, 2015 bv the Webb Countv District Clerk Office in the above proceedinqs.
Appellate request URGENT attention by this Clerk, since Appellate has only 30 days to file the Appellate Brief with this court from the filing of the Tra'il Clerk Record/ and Appellate needs the Clerk Record to file a meaninqfull Brief to cite the Record. Appellate has requested from the Webb County District Clerk Office of Esther Degollado to be loan Check Out the Record under T.R.A.P. RULE 34.5(q) but no reply to date.
Abelardo Gonzalez 1622682 C.T. Terrell B-3-40 1300 F.M. 655 Rosharon. Texas 77583 Appellate / Pro-se
Ex 8 lo/i2 A Webb County District Clerk District Courts and County Courts At Law
September 21, 2015
Abeiardo G. Gonzalez 1622682 C.T. TerteU B-3-40 1300 F.M. 655 Rosharon, Texas 77583
Mr. Gonzalez,
We are in receipt of your letter dated September 15,2015 in which you are requesting to check out the clerk's records or that copies of same records be provided to you. Two of the records that were submitted to the court of appeals are more than a thousand pages long and the third one is nine hundred fifty four pages. I have spoken to my supervisor Ms. Elsa Galvan and she has suggested that we sendyou copies of the index of these records for each one of the cases. The index will tell youwhich documents were submitted to the court of appeals. Please feel firee to contactus if any additional information is needed.
Thank you.
Srreon, deputy
P.O. Box 667 • 1110 Victoria, Ste. 203 • Laredo, Texas 78042-0667 Ex R Ii/iz. Telephone: 956-523-4268 • Fax: 956-523-5063 2008-CBR-0657-D1 URGENT ATl^TION RE(KJEST 2008-CRR-0662-D1 2008-CRR-0665-D1
ABELAEDO G- GONZALEZ 1622682 § Appellantf Pro-se § § IN THE 49th District vs. § Court § Webb Count// Texas § THE STATE OF TEXAS § Appellee §
SECC^D HOTION FOR CERTIFICATICH OF RlQiT TO APPEAL DNE^ T.R.A.P. RULE 25.2(a}(2}
Now Ccxnes Appellant Abelardo G. Gonzalez, pro-se and moves this court for Certification of the riyht to Appeal under T-R-A-P. fOLE 25.2(a)(2) of the Denial of Appellant's SECOND MOTION TO RECUSE, the Honorable Judye Jose Lopez for judicial bais from any futher proceedinys in the above mention cause's filed under T.R.Civ. Pro- RJLE 18a RECUSAL AND DISQUALIFICATION OF JUDCSS-
The Denial was ruled on Sunday July 5, 2015 while on vacation but was siyned on July 16, 2015 by the Hcxiorable Adminstrative Judye David People's of the Fourth Adminstrative Judicial Region of Texas-
A denial of a T.R.C.P. RULE 18a Motion is Appealable under T-R.C.P. RULE 18a (j)(l)(A) for abuse of discretion from final judgment, and since there is not hing left to litigate in the above proceedinys this is fined, judgment for all purpose's.
The request for Certification is urgently needed fror the following Fourth Court of Appeal's case's 04-15-0529-CR/ 04-15-530-CR/ 04-15-0531-CR.
Respectfully submitted,
Abelardo G. Gonzalez 1622682 r or^ C.T. Terrell B-3-^ 1300 F.M. 655 Rosharon, Texas 77583 Appellant/ Pr-se
12/ii Ex 10 To. THE CLERK OF THE COURT for the Fourth Court of Appeals
From: ABELARDO G. GONZALEZ 1622682 Appellante. pro-se
Re: Filinu of a Court Ordered Reulv COA No.s G4-15-529-CR 04-15-530-CR 04-15-531-CR
Date: Oct. 03. 2015
Dear: Cr.ERK OF THE COURT
Now Come's aooellant Abelardo Gonzalez: pco-se in the above mention proceedinqs and respectfulIv ask vou to file the above reoly. Appellant asks the clerk to please file stamp the enclosed copv of «-he lead uaue of the replv and return to appellant in the enclosed SASE.
Respectfuilv yours.
Abelardo Gonzalez 1622682 C-T- Terrell B-3-40 1300 F.M. 655 Rosharon. Texas 77583 [gflc Cje. Cc rv
I^ S/ 5p IN IME FOORTH qourt op appeals SAN AHTONIO, TEXAS
ABELARDO G. GONZALEZ 1622682 § Appellant/ Pro-se § § COA No. 04-15-00529-GR § OCA NO- 04-15-00530-C» vs. § § COA No- 04-15-00531-CR § THE STATE OF TEXAS § Appellee §
COURT ONim^ REFLX
NOW CCME'S Appellant ABELARDO G- GONZALEZ, pro-se in the above mentioned proceedings and reply's to a Court Order dated Septemeber 18, 2015 regarding lurisdiction, among other things.
I. TIMING OF FILING THE RB^Y
Appellant was Ordered to reply by Oct. 12, 2015 and is filing this reply on Oct. 3, 2015, which is timely filed by placing it in the c-T. Terrell prison mailbox and thusfore timely filed under the prison mailbox rule.
II. CODRTS ATTBNTION
(a) The Court Order dated September 18, 2015 state's this case(s) are from the 111th District Court. IT IS NOT, its from the 49th District Court.
(b) The Clerk had appellant incorrect mailing address, and does not know if he has received all the Clerks and or Court mailings.
(c) Appellant to this date has not veiwed the Trail Courts CLERK RECORD and thusfore does not know whats wrong with it, and can [N]OT correct- it since he has NOT veiwed the cLERK I^ECC»D.
i/iz