Gonzalez, Eloy Diaz AKA Diaz, Eloy Gonzalez

CourtCourt of Appeals of Texas
DecidedApril 20, 2015
DocketWR-72,906-04
StatusPublished

This text of Gonzalez, Eloy Diaz AKA Diaz, Eloy Gonzalez (Gonzalez, Eloy Diaz AKA Diaz, Eloy Gonzalez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzalez, Eloy Diaz AKA Diaz, Eloy Gonzalez, (Tex. Ct. App. 2015).

Opinion

Chairman: Rissie Owens

Board Members: Juanita Gonzalez David Gutierrez James LaFavers Federico Rangel Michelle Skyrme Cynthia Tauss State of Texas Board of Pardons and Paroles

March 2,2015

Mr. Eloy Diaz Gonzalez TDCJ-CID #1652026 Ramsey Unit 1100FM655 Rosharon, Texas 77583

Re: Full Pardon

Dear Mr. Gonzalez:

The Board of Pardons and Paroles, Clemency Section is in receipt of the submitted application for Full Pardon.

Please be advised that, based upon board rule 143,6, you are ineligible, for Full.Pardon consideration.

Sincerely,

Texas Board of Pardons and Paroles

Encl: Board Rules

FP 17 (staff reports)

. RECEIVED IN COURT OF CRIMINAL APfC/.i: APR 17 tm

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CLEMENCY SECTION 8610 Shoal Creek Blvd., Austin, Texas, 78757 Phone: (512)406-5852 Fax: (512)467-0945 Internet: bpp_clemency@tdcj.texas.gov TEXAS BOARD OF PARDONS AND PAROLES RULES

Chapter 143. EXECUTIVE CLEMENCY

Subchapter A. FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP

§143.1. Authority To Grant Pardons

Except in cases of treason or impeachment, after conviction, or successful completion of a term of deferred adjudication community supervision, the governor may grant a full pardon upon the recommendation and advice of a majority of the board as authorized by the Texas Constitution, Article IV, §11; and Texas Code of Criminal Procedure, Articles 48.01 and 48.03.

§143.2. Pardons for Innocence

(a) On the grounds of innocence of the offense for which convicted or successfully completed a term of deferred adjudication community supervision, the board will consider applications for recommendation to the governor for a pardon for innocence upon receipt of:

(1) a written recommendation of at least two of the current trial officials of the sentencing court, with one trial official submitting documentary evidence of actual innocence; or

(2) a certified order or judgment of a court having jurisdiction accompanied by a certified copy of the findings of fact and conclusions of law where the court recommends that the Court of Criminal Appeals grant state habeas relief on the grounds of actual innocence.

(b) Evidence submitted under subsection (a)(1) of this section shall include the results and analysis of pre-trial and post-trial DNA tests or other forensic tests, if any, and may also include affidavits of witnesses upon which the recommendation of actual innocence is based.

§143.3. Twelve Months on Parole

When any offender has served 12 months on parole for an offense committed on or beforeAugust 28, 1977,in a manner acceptableto the board, upon request, the board may review the offender's record upon application therefore and make a determination whether to recommend to the governor that the offender be pardoned and finally discharged from the sentence under which he is serving.

§143.4. Parolee Discharging Sentence

Whenever any offender who has been paroled for an offense committed on or before August 28, 1977, has complied with the rules and conditionsgoverninghis parole until the end of the term to which he/she was sentenced, and withouta revocation of his parole, the board may report such fact to the governor prior to the issuance of the final order of discharge. The board may, at this time, recommend to the governor a full pardon as authorized by the Texas Constitution, Article IV, §11 and Texas Government Code, Section 508.119.

§143.5. Discharged Prisoner

CLEMENCY SECTION 8610 Shoal Creek Blvd., Austin, Texas, 78757 Phone: (512)406-5852 Fax: (512)467-0945 Internet: bpp_clemency@tdcj.texas.gov Upon request from a person who has discharged a felony sentence or successfully completed a term of deferred adjudication community supervision, the board will consider recommending a full pardon. Applicant's name, TDCJ-CID or SID number, county of conviction, offense, and length of sentence shall be furnished for identification.

§143.6. Inmate in Texas Department of Criminal Justice-Institutional Division

A full pardon will not be considered for an offender while in TDCJ-CID. except when exceptional circumstances exist. The burden of showing such exceptional circumstances rests upon the applicant.

§143.7. Prior Out-of-State or Federal Convictions

Where there exists one or more convictions or successful completion of a punishment similar to a term of deferred adjudication community supervision for offenses of felony grade, in other states or in federal court, prior to the last Texas conviction, the board will consider recommending a pardon only if the applicant: (1) provides a clearance by full pardon from the jurisdiction(s) of the previous conviction(s); or (2) furnishes proof in writing that the other jurisdiction(s) will not act until a full pardon is granted by the Governor of Texas. "*

§143.8. Suspended Sentence, Felony Conviction

Upon a written application from the applicant or person acting on their behalf, the board will consider recommending full pardon for a suspended sentence. Applicant's name, SID number, the county of conviction, offense, and sentence shall be furnished when the request is made.

§143.9. Sentence of Probation, Felony Conviction

The board will consider recommending a full pardon for a sentence of probation only upon a showing of receipt of maximum relief available through the court of conviction, and then, only in an extreme or unusual circumstance which prevents the applicant from gaining a livelihood or in the event of loss of civil rights. The burden of showing such extreme or unusual circumstances rests upon the applicant.

§143.10. Misdemeanor

The board will consider recommending a full pardon in misdemeanor cases only when exceptional, extreme, and unusual circumstances exist. The burden of showing such exceptional, extreme, and unusual circumstances rests upon the applicant.

§143.11. Request of Governor

The board shall consider a recommendation for a full pardon or request for restoration of firearm rights in any case upon the request of the governor as authorized by the Texas Government, Section 508.050.

§143.12. Restoration of Firearm Rights

(a) The board will consider recommending restoration of the right to receive, possess, bear, and transport in commerce a firearm only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood, and only if the applicant: (1) provides either proof of clearance by a previously granted full pardon or a request for such express restoration in a pending application for a full pardon from jurisdiction(s) of the relevant conviction(s) or successful completion of a punishment similar to a term of deferred adjudication community supervision; and (2) provides proof of application under the United States Code, Title 18, §925(c), for exemption, relief from disabilities to the Director of Alcohol, Tobacco Firearms and Explosives, and furnishes copies of all relevant applications and responses thereto by the Director of Alcohol, Tobacco, Firearms and Explosives including any final actions by said Director of Alcohol. Tobacco Firearms and Explosives. (b) The burden of showing such extreme and unusual circumstance rests upon the applicant. CLEMENCY SECTION 8610 Shoal Creek Blvd., Austin, Texas, 78757 Phone: (512) 406-5852 Fax: (512) 467-0945 Internet: bpp_clemency@tdcj.texas.gov §143.13. Posthumous Pardon

Upon request from a person acting on behalf of a deceased person who was convicted of a felony offense, the board will consider recommending a full pardon for the deceased person.

§143.14. Consideration of Request or Application

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