Finley, Joseph

• Court: Court of Appeals of Texas
• Decided: August 27, 2015
• Docket: PD-1110-15
• Status: Published

Opinion

PD-1110-15 IN THE COURT OF APPEALS

TWEEETH COURT OF APPEALS DISTRICT OF TEXAS

JOSEPH FINLEY § APPELLANT * APPEAL NO.12-14-00005-CR § TRIAL COURT No.2013-0140 OUT OF

s ANGELINA COUNTY,TEX'A&3E

MOTION FOR EXTENSION OF TIME

TO FILE PETITION FOR DISCRETIONARY REVIEW ^be! Acostfe, Clmk

FILED IN COMES NOW...JOSEPH FINLEY, (HEREAFTER "APPELLANT COURT OF CRIMINAL APPPA AMR 27 ?W MOVING AND SHOWING AS FOLLOWS JvJ ' tJU

i At>el Acosta, Clerk ON 22 JULY 2015 THIS COURT AFFIRMED THE ILLEGAL CONVICTION OF THIS APPELLANT WITHOUT PROPER JURISDICTION.THE TRIAL RECORDS WERE

FOUND TO BE INCOMPLETE .THE: WASt. NO SENTENCING PHASE ANYWHERE PRESENT

IN THE COURT REPORTER'S RECORD. THE COURT TRIED TO FABRICATE A MOCK

SENTENCING HEARING...TO GAIN THE MUCH NEEDED JURISDICTION TO BE ABLE

TO RULE ON THIS APPEAL. THIS HEARING WAS STAGED OUTSIDE THE PROPER

PARAMETERS OF THE TEXAS RULES OF COURT. FURTHER,THE ATTORNEY WHICH

THIS COURT APPOINTED FOR THIS APPELLANT WAS NOT THE ONE HE HAD AT

TRIAL....AND THE ASSISTANT DISTRICT ATTORNEY WAS ALSO NOT THE SAME.

THERE, THE TRIAL COURT JUDGE WAS THE ONLY MEMBER OF THAT

ORIGINAL BOLLOCKS/SHAM OF A SENTENCING HEARING.AND BEING THE ONLY WITNESS OF THAT ORIGINAL COURT HEARING..-THE APPELLANT TAKES EXCEPTION

AND ASSERTS THAT HE WAS ENTITLED TO A NEW TRIAL AT THAT POINT.

11 •

APPELLANT REQUESTS THAT HE BE GIVEN AN EXTENSION OF TIME IN

WHICH TO PERFECT HIS PETITION FOR DISCRETIONARY REVIEW AS THIS

APPELLANT IS NOW INCARCERATED... AND IS ONLY ALLOWED LIMITED ACCESS

TO THE PRISON'S ONLY UNIT LAW LIBRARY. ALSO...THE APPEALS COURT RELIED

ON SOME TWENTY (20) CASE PRECEDENT CITATIONS WITH ADDITIONAL AUTHOR ITIES IN ITS MEMORANDUM OPINION.IT WILL TAKE MANY VISITS TO THIS UNIT

LAW LIBRARY TO GET AND REACH AN UNDERSTANDING OF THE CASE LAW.

(l| Ill

NEXT,THE CERTIFIED LETTER FROM MY APPEALS ATTORNEY... DID NOT REACH MY HANDS UNTIL THE LAST WEEK OF JULY. I ADVISE THIS COURT THAT

I HAVE ABSOLUTELY 'ZERO' KNOWLEDGE OF THE LAW...I CANNOT ACCURATELY

COMPREHEND/DISCERN LEGAL RULINGS AND CITATIONS THERE IS VERY LITTLE, THAT I CAN ACTUALLY BRIEF AND FILE WITH THE COURT.HOWEVER... I MUST

TRY...BECAUSE...MY CONVICTION WAS WORTHY OF BEING OVER-TURNED DUE TO

THIS MISSING AND INCOMPLETE RECORD. NO STAGED MOCK-UP CAN COVER THAT

MISSING TRIAL PORTION. I AM ILLEGALLY RESTRAINED OF MY LIBERTY.

IV

APPELLANT:. WILL NOW MOVE FOR A (120) EXTENSION OF TIME IN WHICH TO PREPARE HIS PETITION FOR DISCRETIONARY REVIEW. AND HE URGENT

LY REQUESTS A COPY OF THE ORIGINAL RECORD FROM THE COURT REPORTER ALONG

WITH THE TRANSCRIPTS OF THE COVER-UP (MOCK) 'SENTENCING HEARING1 FOR RESEARCH AND BRIEFING.THIS APPELLANT IS INDIGENT/INPERCUNIOUS. THE APP

LICANT SWEARS UNDER PENALTY OF PERJURY PURSUANT TO 28 U.S.C. § 1746 THAT HE IS WITHOUT ANY FUNDS...OWNS NO CONVEYANCES... NOR STOCKS NOR

BONDS...NO BANK ACCOUNTS NO REAL ESTATE... ABSOLUTELY NOTHING AT ALL.

APPELLANT ENCLOSES AN INMATE TRUST FUND COMPUTER PRINT-OUT TO

CONFIRM HIS-INDIGENCY...AND BEGS THIS COURTS INDULGENCE IN PROVIDING

THIS MUCH NEEDED TRIAL RECORD(S)/TRANSCRIPTS (IN FULL) SO THAT HE MAY OBTAIN REASONABLE AND FUNDAMENTAL FAIRNESS.

WHEREFORE PREMISES CONSIDERED... THIS APPELLANT ASKS THAT HE

BE GRANTED AN EXTENSION OF TIME IN WHICH TO PERFECT HIS PETITION OF DISCRETIONARY REVIEW.

CERTIFICATE OF SERVICE

BE ADVISED THAT THIS APPELLANT HAS SERVED A CRBON COPY UPON

THE STATE OF TEXAS BY MAILING IT TO THE ATTORNEY GENERAL'S OFFICE AT

P.O. BOX 12548 CAPITOL STATION AUSTIN,TEXAS 78711 POSTAGE PRE-PAID AND HANDED TO PRISON LAW LIBRARY STAFF.

RESPECTFULLY TENTERED. . . .

Ir^tV JOSEPfKFINLEY PRO SE W.P. CLEMENTS UNIT 19001267 TDCJ NUMBER 9601 SPUR 591 AMARILLO,TX. 79107