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Crump, Clyde Henry

Court of Appeals of Texas·Decided November 12, 2015·No. PD-1270-11·Published

Opinion

PD-1270-11 Clyde Henry Crump #1643987 Eastham Unit 2665 Prison Road 1. Lovelady, Texas 75851 IO /

Please file and bring to the judges of the above listed count's attention for a ruling on my enclosed REQUEST FOR ODT OF TIME STAY OF MANDATE TO FIT E A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COUKT. FuTther, please provide me with a stamp dated copy of this cover letter indicating filing date. As well, I can be contacted at my addressed listed above with the court's ruling upon their decision.

In advance Thank You for your assistance.

Clyde Henry Crump #1643987 Movant Pxro-Se Eastham Unit 2665 Prison Road 1 Lovelady ,, Texas 7585-L, ,-« ... HLED IN COURT OF CRIMINAL APPEALS

alxsi Acosta, Clerk CLYDE HENRY CRUMP, § IN THE COURT OF CRIMINAL TDCJ No. 1613987 § WJVANTi PRO-SE § APPEALS §

§ AUSIIN, TEXAS

REQUEST FOR OUT OF TIPE STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THt UNIIEU STAIES SUPREME COURT AND/OR A MUIIUN FOR KEHtARlNG IN THIS COURT

No. PETITION FOR DISCRETIONARY REVIEW

APPEALED TO THE FOURTEENTH COURT OF APPEALS No. 14-10-00437-CR

179™ JUDICIAL DISTRICT COURT HARRIS COUNTY, TX 1119150 No. PETITION FOR DISCRETIONARY REVIEW

CLYDE HENRY CRUMP, § IN THE COURT OF CRIMINAL TDCJ No- 1643987 § MOVANT, PRO-SE § APPEALS

§ AUSTIN, TEXAS

REQUEST FOR ODT OF TIME STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT

COMES NOW, CLYDE HENRY CRUMP, TDCJ No. 1643987, MOVANT, PRO-SE, in the above numbered and styled cause of action and request that this Court GRANT his REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING EN THIS COURT, pursuant to rule 69.4 (TRAP), and the rules governing Writ of Certiorari in the United States Supreme Court. Movant, will show the following:

I.

After a 2010 conviction in cause no. 1119150, the Trial Court appointed Counsel Sharon E. Slopis to represent Movant on direct appeal. Counsel Slopis filed the direct appeal, which was denied on August 23, 201.1, No. 14-10-437-CR.

Appointed Counsel Sharon E. Slopis, then filed a timely Petition for Discretion Review with this Court (Movant does not know the filing date nor the number of this Petition for Discretionary review). However, after contacting Counsel Slopis in October 2015, Movant learned that the Petition for Discretionary Review was denied by this Court on January 25, 2012.

II.

After consulting with offender Marlin Webb #541397, in the Eastham Unit Law libaray, Movant was advised to contact Counsel Slopis and the Clerk of this Court to inquire into the status of his Petition for Discretionary Reviev. Upon this advice Movant did in fact, write Counsel Slopis and the Clerk of this Court a letter inquiring into the status of his Petition for Discretionary Review.

Pg 1 of 4 Ira response, Counsel Slopis informed Movant (by letter) that his Petition for Disc5reti.on.ary had been denied by this Court on January 25 2012. However, the letter that. Counsel Slopis sent to Movant was/is BACEDATEED to February 1.0, 2012 and INCORRECTLY addressed to the TDCJ Telford Unit in New Boston, Texas.

With the backdated letter, Counsel Slopis informed Movant that, ("he had one step left", to file a request with this Court asking that a. stay of mandate be issued so that he could file a writ of certiorari to the United States Supreme Court.)

III.

Counsel Slopis erroneously mailed Movant notice of this Court's January 25, 2012 decision, denying his Petition for Discretionary Review on February 10, 2012 to the TDCJ Telford Unit 3899 State Hwy- 98, New Boston,, Tx 75570. While Movant was infact assigned to the TDCJ Telford Unit from July 2010 until December 2010, Movant was no longer assigned to the TDCJ Telford Unit in February 2012, due to a administrative unit transfer in December 2010. In December 2010, Movant received an administrative unit transfer to the TDCJ Michaels Unit 2664 FM 2054 Tennessee Colony, Texas 75886. See Exhibit A Movant remained on the TDCJ Michaels Unit from. December 2010 until November 2014 when be was administratively transferred to the TDCJ Eastham Unit 2665 Prison Road 1 Lovelady, Texas 75851 where he remains house to date. THUS, Movant was not assigned to the Telford Unit on February 10, 2012 to receive the letter Counsel Slopis sent informing him of this Court's January 25, 2012 decision denying his Petition for Discretionary Review and informing him of his next available option(s). FURTHERMORE, TDCJ Telform Unit mailroom (TDCJ EMPLOYEES) did not forward Movant the February 10, 2012 letter from Counsel Slopis informing him of this Court's January 25, 2012 decision denying his Petition Discretionary Review and his next available option(s).

IV.

Pursuant to Rule 69.4-(TRAP), Movant had fifteen (15) days inwhich, to file a Motion for Rehearing with this Court, after it's January 25, 2012 decision denying his Petition for Discretionary Review. Movant, would not have knowingly waived any of his procedural rights. Had Movant, been timely notified Pg 2 of 4 of this Court's decision, he would have elected to file the nation, for rehearing.

Moweover, if timely notified Movant would would have Requested a Stay of Mandate, allowing him ninety (90) days to file aWrit of Certiorari in the United Spates Supreme Court. Movant would not have knowingly waived this procedural right.

V.

Movant dees not know who is responsible for failing to provide timely notice to. him, of this Court's January 25, 2012 decision derxying his Petition for Discretionary Review and informing him of his next options) - Counsel Slopis for mailing the notice to the erroneous address or th,e TDCJ Telford Unit, mailroom (TDCJ EMPLOYEES) for failing to either forward, the letter (notice) to Movant or returning the letter to Counsel Slopis - at any rate Movant did not received notice of this Courts decision denying his Petition for Discretional Review until October 19, 2015 and is now forced to make this request. See Exhibit. B & C.

VI.

PRAYER

Movant, PRAYS that this Court GRANT this REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE AWRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OS AMOTION FOR REHEARING IN THIS COURT for the reasons set forth above, namely that Movant did not receive timely notice of this Court's January 25, 2012 decision denying his Petition for Discretionary Review and instructions from his Court Appointed Counsel Sharon E. Slopis. Movant Prays for all other relief that this Court deems just and necessary in the interest of justice.

VTT.

CERTIFICATE OF SERVICE Movant, declares that service has been completed by placing the above and foregoing REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE A WEIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT in the United States institutional mailbox located in the North hallway of the

Pg. 3 of 4 East.h.m nit .«„»..„ to the Cl„k of the Court of Crl»,„. , . , U30S *iitlll. T_ 7sm and to ,he B„ris Mitrtc • -» » P.O, »« H„USto„, Iexas ,7210.4651 „„ tM. &M_ day of _asfctfc£L_ClMt '£ »~ Clyde tferrry" Crump #1673987" Movant Pr0-Se

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UNSWORN DECLARATION T, CLYDE HENRY CRUMP, TDCJ No. 1643987, Movant, Pro-se incarcerated at the TDCi Ea.th™ tt •«.

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