Estrada, Michael Ruben

Opinion

VVR-84,167-01

COURT OF CRll\/||NAL APPEALS AUSTlN, TEXAS

Transmitted 11/30/2015 5:16:34 PNl Accepted 12/1/2015 8:05:23 A|Vl

TExAs CouRT oF CRlMlNAL APPEALSv ABEL ACOSTA . CLERK MchAEL EsTRADA § RECE|VED APPL\cANT, § couRT oF chMiNAL /-\PPEALS _ § 12/1/2015 ' v § WR_84’167_01 ABEL ACOSTA, CLERK _ § THE STATE oi_= TExAS § REsPoNDENT. §‘

MoTloN To REcoNstDER

On November 18, 2015, the court dismissed applicant’s first Writ of habeas corpus Without consideration of the merit. Specifical|y, notice of dismissal provided by the court cited that applicant filed a computer generated memorandum that does not include a certificate state the number of Words in the document

Notably, despite counsel’s oversight the brief used less than a third of the Word limit contemplated by Rule 9.4. Counse| attaches a certificates to this motion and asks _ that the court reconsider the application.

REsPEcTFuLLY_ SuBMiTTED

THE SPRlGGs LAw OFFlcE

1011 S. JAcKsoN

AMAR\LLo, TExAs 79101

TEL.: 806.376.7260

FAx: 806.372.3298

EMAlL: LEvi.sPRlGGS@GMAiL.coM

/S/ LEvl L. SPRIGGs

BY: LEvl L. SPRlGGs TSBN: 24046894 ATToRNEY FoR APPLchNT MchAEL RuBEN EsTRADA

CERTiFicATE oF SEvacE

l certify that on November 30, 2015 a true and correct copy of this document Was served on the parties listed below in the manner indicatedl

/S/ LEvl L. SPR|GGS

No.WR 84,167-01 EsTRADA v. TExAs MoTloN To REcoNleER

RANDALL CouNTY DlsTRicT ATToRNEY FAX: 806.468.5566

No. WR 84,167-01 EsTRAoA v. TExAs MoTloN To REcoNs\DER

CERTiFchTE oF CoMPLiANcE

‘ Pursuant to Tex. R. App. P. 9.4, l hereby certify that l usednbezaielnof .a computer and software to generate Applicant’s Brief. SMHHE§M§W AL APPEALS document was created in WordPerfect. | used 14-point typefanUOéH/te§¢t,ERK except for footnotes which are in 12-point typeface. Further, l certify that this Petition and the brief contain 4,217 (four-thousand two-hundred and seventeen) words. ln making this certificate of compliance, l am relying on the word counter used by the same WordPerfect software used to prepare the document. The word count excludes words used in following: the caption, identity of parties and counsel, statement regarding oral argument,‘ table of contents, index of authorities, Statement of the case, statement of issues presented, statement ofjurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, and appendix.

/S/ Levi L. Spriggs CERT|FICATE oF SERV|CE

l certify that on November 30, 2015 a true and correct copy of this document was served on the parties listed below in the manner indicated

/S/ LEvl L. SPRloos

Randa|l County District Attorney Fax: 806.468.5566

CERTlFicATE oF CoMPLlANcE

Pursuant to Tex. R. App. P. 9.4, l hereby certify that l usedrtbeEaiEbof a computer and software to generate Applicant’s Rep|y. S%%W

/S/ Levi L. Spriggs CERT|FICATE oi= SERvicE

| certify that on November 30, 2015 a true and correct copy of this document was served on the parties listed below in the manner indicated.

/S/ LEvl L. SF>R|GGS-

Randall County District Attorney Fax: 806.468.5566