'It ••• u. •
TROY EUGENE HUFFMASTER
TDCJ-CID# 1537487
WILLIAM CLEMENTS UNIT
9601 SPUR 591
AMARILLO, TEXAS 79107
HONORABLE CLERK
ABEL ACOSTA
TEXAS COURT OF CRIMINAL APPEALS P.O. BOX 12308, CAPITAL STATION AUSTIN, TEXAS
78711 RECEIVED~~ COURT OF CRIII/iiNAL APPEALS RE; FILING OF PETITION FOR WRIT OF MANDAMUS MAR 12 2015
Dear Honorable Clerk:
Please find enclosed my ''PETITION FOR WRIT OF MANDAMUS" for presentation to the Honorable Justices for consideration.
There are no copy-services available in TDCJ-CID so I am unable to make any additional copies or serve the District Court (Respon-
dent) with a copy of this Petition. If additional copies are re-
quired would you please make them.
I thank you in advance for your time and attention in this matter.
Sincerely yours,
~~l:Ltt-~-·
3--8 -(~
Troy Eugene Huffmaster
Pro Se Representation
,. . ..
APP. NO. ________________
IN THE
TEXAS COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS
*************
IN RE TROY EUGENE HUFFMASTER, PETITIONER/RELATOR.
*************
TROY EUGENE HUFFMASTER, § IN THE 214TH JUDICIAL TDCJ-CID#l537487, § RELATOR, § §
vs. § §
§ DISTRICT COURT OF §
NUECES COUNTY DISTRICT JUDGE, § JOSE LONGORIA, § IN HIS OFFICIAL CAPACITY, § RESPONDENT. § NUECES COUNTY, TEXAS
***************************************************************** PETITION FOR WRIT OF MANDAMUS *****************************************************************
TO THE HONORABLE JUDGES OF THE COURT·OF CRIMINAL APPEALS:
COMES NOW, Troy Eugene Huffmaster, the petitioner, pro se, and respectfully moves this Honorable Court to issue a Writ of Mandamus and order the Honorable Jose Longoria, in his official capacity as the District Judge of the 2l4th Judicial District of Nueces County, Texas, to either grant or deny Petitioner's "MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT."
Page 2.
I.
JURISDICTION STATEMENT
Jurisdiction of this Court is invoked p~rsuant to Texas Code of Criminal Procedure, Article 4.04, Sections·! and 2, or whatever applicable Texas Code of Criminal Procedure, statute or rule neces- sary to invoke· jurisdiction of this Court. Petitioner/Relator, re- quests that this Court liberally construe his pleading in light of Haines v Kerner, 404 U.S. 519, 521 (1972).
II.
STATEMENT OF THE CASE
1. On May 28, 2009, the Court of Appeals of the Thirteenth District of Texas, Corpus Christi-Edinburg, modified Petitioner's Judgment by stating the following:
"The written judgment recites that the underlying offense, escape, is a second-degree felony. However, Huffmaster was indicted for third-degree felony escape, and the jury found him guilty of that offense. The State points out the judgment should be reformed to show the conviction was a conviction for third-degree felony escape from a secure correctional facility. We agree and therefore modify the judgment to show Huffmaster was convicted of third- degree felony escape from a secure correctional facility." (See Court of Appeals Memorandum Opinion at 19 attached as EXHIBIT A). (Attached to this Petition).
2. On approximately November 1, 2013, Petitioner filed an application for writ of habeas corpus with the 214th Judicial Dis- trict Court of Nueces County, Texas.
...
Page 3.
3. On approximately December 3, 2013, Petitioner received a copy of the State's Answer. Included within the State's Answer was a copy of Petitioner's Judgment which illustrated the fact that the Co~rt of Appeals modification of Judgment was never complied with because the Judgment states: Offense for which Defendant Con-
victed: ESCAPE, BODILY INJURY. Degree of Offense: 2ND DEGREE FELONY.
(See Judgment attached as EXHIBIT B). (Attached to this Petition).
4. On approximately July of 2014, Petitioner filed a "MOTION TO ENFORCE COURT OF APPEALS MODIFICATION OF JUDGMENT," with the Court of Appeals.
-----5 . On approxi-m-ate 1 y Au~-e-f--.2-Q-1-4-,-t--R-e-C-0-l:H"-t--G f App~~------~
denied Petitioner's Motion to Enforce Court of Appeals Modification of Judgment.
6. On approximately August of 2014, the Court of Appeals denied Petitioner's pro se Motion to Respond to th~ State's Answer.
(The State partly stated that Petitioner's Motion was not properly in front'of the Court cited it was not a Writ of Mandamus).
7. On approxiamtely September of 2014, the Court of Appeals DISMISSED FOR WANT OF JURISDICTION, Petitioner's pro se Motion for Reconsideration.
8. On approximately October 2nd, 2014, Petitioner filed with the 2l4th Judicial District Court a motion titled: "MOTION TO COM-
PLY WITH COURT OF APPEALS MODIFICATTON OF JUDGMENT." (Attached to this Petition).
9. On approximately December 23rd, 2014, Petitioner filed with the 214th Judicial District Court a motion titled: "MOTION TO COMPEL ...
Page 4.
COURT TO RULE ON PENDING MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT."
10. On approximately January 28, 2015, Petitioner filed with the 214th Judicial Court a motion titled: PETITIONER'S SECQND MOTION TO COMPEL COURT TO RULE ON PENDING MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT."
III.
ARGUMENTS: REASONS WHY WRIT SHOULD ISSUE A. MANDAMUS SHOULD ISSUE BECAUSE PETITIONER HAS NO OTHER ADEQUATE REMEDY
RELATOR Troy Eugene Huffmaster, TDCJ-CID# 1537487 is an offender incar-
cerated in the Texas Department of Criminal Justice and is appear-
ing pro se, who can be locted at the William Clements Unit, 9601 Spur 591, Amarillo, Texas 79107.
Relator has exhausted his remedies and has no other adequate remedy at law. The act sought to be compelled is ministerial, not discretionary in nature.
RESPONDENT Respondent, Jose Longoria, 1n his official capacity as the District Judge of Nueces County, Texas has a ministerial duty to rule on Motions properly filed 'and before the Court. Consideration of a motion properly filed before a trial court is ministerial. See White v Roper, 640 S.W.2d 586,594-596 (Tex.Crim.App.l982).
B. THE DISTRICT COURT JUDGE FAILED TO PERFORM HIS MINISTERIAL DUTY AND RULE ON PETITIONER'S MOTION TO COMPLY WITH THE COURT OF APPEALS MANDATE TO MODIFY PETITIONER'S JUDGMENT ...
Page 5.
Fundamental requirements of due process mandate an opportunity to be heard. Creel v District Attorney for Medina County, 818 S.W.
2d 45, 46 (Tex.Crim.App.l99l). Thu~, a district court may be com-
pelled via mandamus to consider and rule on a pending mo~ion pre-
sented to the court. See State ex rel. Curry v Gray, 726 S.W.2d 125, 128 (Tex~Crim.App.l987); Cf., In re Christensen, 39 S.W.3d 250 (Tex.
App.-Amarillo 2000).
The Court of Appeals issued a mandate in this case to modify Petitioner's Judgment to show a conviction for a third-degree felony escape rather than a second-degree felony escape causing bodily injury. The trial court failed to c?mply with the Court of Appeals mandate. A "Mandate'' is the official notice of the action of the appellate court directed to the court below, advising it of the action of the appellate court and directing it to have its judgment duly recognized, obeyed, and executed." See Saudi v Brieven, 176 S.W.3d 108 (Tex.App.-Houston [lst Dist.] 2004). The mandate has also been described as "a command of the court, which the court is authorized to give and which must be obeyed.'' See Williams v State, 899 S.W.2d 13, 15 (Tex.App.-Houston [lst Dist.] 2004).
To date, Petitioner/Relator has received no response from the Respondent regarding Petitioner's/Relator's above stated Motion's properly before the court. As is clear from Petitioner's/Relator's Motions; Petitioner/Relator has repeatedly put Respondent on notice that Petitioner/Relator seeks a ruling on the Motions properly filed with said court.
In contrast to Petitioner's /Relator's efforts, Respondent has
Page 6.
wholly failed to perform its ministerial duty, is acting in bad faith, and has also failed to afford Petitioner/Relator the pro- fessional and common courtesy of a ruling on said Motion's despite Petitioner's/Relator's diligent efforts to have the court obey the Court of Appeals mandate which has caused Petitioner severe pre- judice in the eyes of the unit classification department and the Amarillo Parole Board members.
C. THIS COURT HAS JURISDICTION OVER THE 214TH JUDICIAL DISTRICT COURT OF NUECES COUNTY, TEXAS
The Respondent has failed in its ministerial duty to rule on Petitioner's/Relator's pending Motions which is a violation of due process. This Court has jurisdiction p~rsuant to Texas Code of Criminal Procedure, Article 4.04, Sections 1 and 2.
D. A WRIT OF MANDAMUS SHOULD BE ISSUED A "writ of mandamus is an order directing a public official or public body to perform a duty exacted by law." United States v Den- son, 603 F.2d 1143, 1146 (5th Cir.l979). It "is an extraordinary remedy for extraordinary causes." In re Corrugated Container Anti- trust Litig. Mead Corp., 614 F.2d 958, 961-62 (5th Cir.l980). To obtain the writ, the petitioner must show "that no other adequate means .exist to attain the requested relief and that his right to issuance of the writ is "clear and indisputable." In re Willy, 831 F.2d 545, 549 (5th Cir.l987). The issuance of the writ is within the Court's discretion. Densen, 603 F.2d at 1146.
Petitioner/Relator, incorporates herein by reference, the legal arguments set forth in his MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT; MOTION TO COMPEL COURT TO RULE ON PENDING
Page 7.
MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT; PETITIONER'S SECOND MOTION TO COMPEL COURT TO RULE ON PENDING MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT; as if fully printed herein to support the issuance of a Writ of Mandamus.
WHEREFORE, based on the above, Troy Eugene Huffmaster, urges this Honorable Court to issue a writ of mandamus directing the 214th Judicial District Court of Nueces County, Texas, to issue a ruling either granting or denying his Motion To Comply With Court
of Appeals Modification Of Judgment.
f":}-~
Respectfully submitted on this~day of(Y\~ I 2015.
-Tii_;~ Hv~P A~-
'-
Troy Eugene Huffmaster
INMATE DECLARATION
I, Troy Eugene Huffmaster, TDCJ-CID# 1537487, being presently incarcerated in the Texas Department of Criminal Justice, declare under the penalty of perjury that the facts and allegations in the Petition for Writ of Mandamus are true and correct.
·1(2o11-LSP~ Troy Eugene Huffmaster Petitioner/relator
ATTACHED EXHIBITS
#l. ORIGINAL MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT.
#2. MOTION TO COMPEL.
#3. PETITIONER'S SECOND MOTION TO COMPEL.
TROY HUFFMASTER
TDCJ-CID# 1537487
WILLIAM CLEMENTS UNIT
9601 SPUR 591
AMARILLO, TEXAS
79107
PATSY PEREZ, HONORABLE CLERK DISTRICT COURT/COUNTY COURTS OF LAW P.O. BOX 2987 901 LEOPARD STREET CORPUS CHRISTI, TEXAS 78403
RE: FILING OF "MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT" CAUSE NO. 08-CR-2271-F
Dear Honorable Clerk:
Please find enclosed for presentation to the Honorable Judge Jose Longoria my, "MOTION TO COMPLY WITH COURT OF APPEALS MODIFI-·
CATION OF JUDGMENT."
J
There are no ~opy services available in TDCJ-CID so I am unable
to serve a copy of this Motion to the Nueces County District Attor- ney's D££ice if ~equired. Wovld yg~ pleft~e rn~ke any neeaed copies.
I thank you in advance for your time and attention in this very important matter.
Sincerely yours, -&ofFJ~~---------~-------------~------- Troy Huffmaster Pro Se representation
Cause No. 08-CR-2271-F
EX PARTE § IN THE DISTRICT COURT §
TROY HUFFMASTER § 214TH JUDICIAL DISTRICT §
TDCJ-CID# 1537487 § NUECES COUNTY, TEXAS
***************************************************************** MOTION TO COMPLY WITH
COURT OF APPEALS MODIFICATION OF JUDGMENT *****************************************************************
TO THE HONORABLE JUDGE JOSE LONGORIA:
COMES NOW, Troy Huffmaster, Petitioner, pro se, and respect-
fully moves this Court to coffiply with the Court of Appeals Modi-
f i cat i on o f J u d g men t . '!' h e Pet i t i one r 1-li ll s h o '\·! t h i s Honor a b 1 e Court as follows:
1. On May 28, 2009, the Court of Appeals modified Petitioner's Judgment by stating the following:
"The written judgment recites that the underlying offense, es-
cape I is a secona aegree felony. However I HTITfma-.st:er was -i-rm-icted for third-degree felony escape, and the jury found him guilty of that offense. The State points out the judgment should be reformed
to show the conviction was a conviction for third-degree felony - --·-·-------~------ ·----
modify the judgment to show Huffmaster was convicted of third-
degree felony escape from a secure correctional facility." (See Court of Appeals Memorandum Opinion at 19 attached as EXHIBIT A).
Page 2.
2. On approximately November 1, 2013, Petitioner filed an application for a writ of habeas corpus with this Court.
3. On approximately December 3, 2013, Petitioner received a copy of the State's Answer. Included within the State's Answer was a copy of this Court's Judgment which illustrates that the ~curt of Appeals modification was never complied with because the judgment states: Offense for which Defendant Convicted: ESCAPE, BODILY INJURY. Degree of Offense: 2ND DEGREE FELONY. (See Judgment attached as EXHIBIT B).
REQUESTED RELIEF
Petitioner's request is really very simple. The Court of Appeals modified this Petitioner's Judgment to reflect a third-degree felony escape, and, executed a Mandate to that effect. A "Mandate" is the official notice of the action of the appellate court, dir.ec.tin.g tbi.s CQ.ub"t, q.(lvising it of the a,c;tioi1 of the appellate court and directing it to have its judgment duly recognized, obeyed, and executed. See e.g., Saudi v Brieven, 176 S.W.3d 108 (Tex.App.- Houston [lst Dist] 2004).
Therefore, when Petitioner received a copy of the Judgment in this case during the habeas corpus proceeaings, that Jli.Clgmenf should have reflected the Court of Appeals modification that Peti- tioner was convicted of a third-degree felony escape. Instead, Petitioner has been unduly prejudiced in the eyes of the Amarillo
department, because they are all under the "incorrect" belief that Petitioner was convicted of second-degree felony escape causing bodily injury, and their files reflect the same.
Page 3.
This is easily demonstrated by the JUDGMENT OF CONVICTION BY
JURY attached as EXHI-BIT 11 B. 11
This Judgment "should" state: Offense
for which Defendant convicted: THIRD-DEGREE ESCAPE instead of what
EXHIBIT 11 B" states; ESCAPE, BODILY INJURY. Under Degree of Offense
it should state: THIRD-DEGREE FELONY instead of: 2ND DEGREE FELONY.
Therefore, this Honorable Court has a ministerial duty to com- ply with the Court of Appeals Mandate ordering a modification of
Petitioner's Judgment to reflect that Petitioner was convicted of \
a third-degree felony escape and not a second-degree felony escape causing bodily injury.
Therefore, Petitioner requests this Honorable Court to send reformed copies of the JUDGMENT OF CONVICTION BY JURY to the Texas Department of Criminal Justice- Correctional Institutional Divisions and the Amarillo Parole Board reflecting that Petitioner was con- victed of third-degree felony·escape and not second-degree felony escape causing bodily injury.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Honorable Court will take immediate action and reform the Judgment of Conviction to reflect that Petitioner was convicted of a third-degree felony escape rather than second-degree felony escape causing bodily injury and immediately send copies of the reformed Judgment to TDCJ- CID and the Amarillo Parole Board.
Respectfully submitted,
~-R~Y HJ~r~-· Troy Buffmaster Pro Se Representation
Cause No. 08-CR-2271-F
EX PARTE § IN THE DISTRICT COURT TROY HUFFMASTER § 214TH JUDICIAL DISTRICT TDCJ-CIDi 1537487 § NUECES COUNTY, TEXAS ********************
ORDER
********************
On this day was heard the foregoing, "MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT,"and the same is hereby:
GRANTED/DENIED The Court hereby orders the district clerk to send a copy of the reformed JUDGMENT OF CONVICTION BY JURY to the following:
Texas Department of Criminal Justice-
Correctional Institutions Division P.O. Box 99 Huntsville, Texas 77342
Texas Board of Pardons & Paroles 8610 Shoal Creek Blvd.
Austin, Texas 78757
Troy Eugene Huffmaster TDCJ-CID# 1537487 William Clements Uriit 9601 Spur 591 Amarillo, Texas 79107
William P. Clements Unit Classification Department 9601 Spur 591 ---Am a r iTlcs-;--T"""'e-::x'"""'a,..,s.,-79T07
IT IS SO ORDERED
SIGNED ON I 2014.
--------------------------------
Honorable Jose Longoria
Judge Presiding
STATE'S
EXHIBIT A EXHIBIT c_
MANDATE
TC1 THE 214th District Court OF Nueces COUI\ITY, GREETII'>JGS
Before our Court of Appeals for the Thirteenth District of Texas, or1 the 28th day of May, 2fJOSJ, the cause upon appeal to revise or reverse your judgment between
TROY HUFFMASTER, Appellant, v.
THE STATE OF TEXAS, Appellee. CAUSE NO. 13-08-00599-CR (Tr.Ct.No. 08-CR-2271-F)
was determined; and therein our said Court made its order in these words: MINUTES Vol 20/page 188
On appeal from the 214th District Court of Nueces County, Texas, from a judgment signed October 14, 2008. Memorandum Opinion by Justice Rose Vela. Do not publish. TEX. R. APP. P. 47.2(b).
THIS CAUSE vv·a.s s:..:!J:-nitted to the Cuuil or. ~.~~!' 27, 2008. on the record and briefs. These having been examined and fully considered, it is tQe opinior1 of the Co:.::-! th2!' there was some error in the judgment of the court below, and said judgment is hereby Tli10DIFIED AND, ,t.~,S-tl.il0uiriED.. J:.F:=-!P.M!::D EJgninst aopelianl, TROY HUFFM/\STE:R.
It is further ordered that this decision be certified below for observance.
WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Thirteenth District, of Texas, in this behalf, and in all things have it duly recognized, obeyed and executed. ·
WfTNESS, the Han. Rogelio Valdez, Chief Justice of our Court of Appeals, wtfnfnesE:fa-1-th-erenf------- affixed, at the City of Corpus Christi/Edinburg, Texas, this the 14th day of August, 2009.
EXHIBIT A
To preserve error in admitting evidence, a party must make a proper objection and get a ruling on that objection. In addition, a party must object each time the inadmissible evidence is offered or obtain a running objection.
An error in the admission of evidence is cured where the same evidence comes in elsewhere without objection.
Valle v. State, 109 S.W.3d 500, 509 (Tex. Crim: App. 2003) (footnotes omitted); see Leday v. State, 983 S.W.2d 713, 718 (Tex. Crim. App. 1998) (explaining that "[o)ur rule ... is that overruling an objection to evidence will not result in reversal when other such evidence was received without objection, either before or after the complained-of ruling,"); Willis v. State,
785 S.W .2d 378, 383 (Tex. Crim. App. 1989) (noting that admission of inadmissible (
evidence is rendered harmless if the same or similar evidence is introduced without · objection elsewhere during trial).
Here, defense counsel did not obtain a running objection. Therefore, error, if any, in the prosecutor's opening argurneni was cureci !Jecause the same or sirniiar evidence came in elsewhere without objection. See Willis, 785 S.W.2d at 383. Issue three is overruled.
Ill. Modification of Judgment An appellate court has the power to correct a trial court's written judgment if the appellate court has the necessary information to do so. Cobb v. State, 95 S.W.3d 664, 668 (Tex. App.-Houston [1st Dist.] 2-002, no pet.)-:-Tfiis power aoes notaepena upon a party's calling the error to the court's attention or raising the issue on appeal. See French v. State, 830 S.W.2d 607, 609 (Tex. Crim. App. 1992) (adopting reasoning of Asberry v.
. . .. ____ .~State.,_8_t3_S.W_.2d_526,53_L(Iex._App_.=Da llas_19_9j_,_p_eJ._Le.f'..d)_(kQn cl udi n_g_tbQLr;~_uth qrity_ ___ _____ _______ _ __ ___ ··-- - -·· - ----- ------- --- ------ --------~-- --·-------- -- -- --- - - - -------- -------- ------------------ ------------------- -------- ···-----~----·- ··---
to reform incorrect judgment "is not dependent upon a request by either party")).
19
EXHIBI'J' l\.
The written judgment recites that the underlying offense, escape, is a second-
d~gree felony. However, Huffmaster was indicted for third-degree felony escape, and the
jury. found him guilty of that offense. The State points out the judgment should be reformed ---.....
to. show the conviction was a conviction for third-degree felony escape from a secure . correctional facility. We agree and therefore modify the judgment to show Huffmaster was convicted of third-degree felony escape from a secure correctional facility.
IV. Conclusion
The judgment of the trial court is modified and, as modified, we affirm the judgment.
ROSE VELA
Justice
Do not publish.
R. ll.po p e7.2(b).
T:::~~.
Memorandum Opinion delivered and filed this 28th day of May, 2009.
EXHIBIT B
CASE No. 08 CR 2271 F
JNCTI>EJ\"1' N (j ./TRl\': f1089GGOS lX
THE STATE 0F TEXAS § lN THE ZJ4TH DISTRICT §
v. § COURT §
TROY HUFFM..I\STER § NUECES COUJ\TTY, TEXA..S §
.STATE ID ).,jO_: TXU3:::782 i.l §
JUDGMENT OF CONVJCTION BY JURY Date Judgment
,JudgE: Presiding: HuN. JOSE LONGORIA Entered:
10/7/2008
Attorney for
P.ttorney for State: ANGELICA HERNANDEZ Defendant:
ROBERT FL\~N
Offen.&e for which Defendant Convicted: ----~----=-----=------------------
ESCAPE, BODILY INJURY Charging Instrument: Statute for Offense: INDICTMBNT 38.06 Penal Code Date of Offense: 517/2008 Degree of Offense: Plea to Offense: 2ND DEGREE FEL01~ NOT GUILTY ·verdict of Jurv: Finding~ on Deadly Weapon: GUILTY N/A Plea to znd Enhancemenifrlabitual Paragraph: TRUE Paragraph: TRU~ Findings on 1"' Enhancement Findings on zed ?.:::::-zg-:-a.ph: 'J'RTJE Enbancement!Habitual Paragraph: TRUE
10/7/2008 1077/2008 Punishment and Place of Confinement:
TWENTY-FIVE (25) i'Eiill.S INSTITUTIONAL DIVISI9N, TDCJ THIS SENTENCE SHALL RUN CONCURRENTLY.
0 SENTENCE oF coNFih"EMEh"T susPENDED, DEFENDANT PLACED or-; coMMUNITY suPERVISJOr-; FOR N/A.
Court Costs: Restitution: Restitution Pavabie to:
. s;~ko.to $ -l? - 0 VICTIM (see beiow) 0 AGENCY/AGE!'."T (see below)
Se:1: Orrender Registration f~equirements do noi a.ppiy to th.: DefenC..u.nt. TEX. CODE Cilllvi. PROC::. chapter 52. The age of the vic;;im at the time of the offense was N/A.
If Defendan: i~ to s!?rve sentence in TDCJ enter incarceratiOn oeriods in cnronolo ical orcier.
rr· Frorn'l(.Jogto 10/1/og From to From to L J.liJB From t<• From to From to Creci.Ited.:
lfDef!mdan: i!c' t.c• serve sentence in counw jail or is given credit toward fme and co<;n·. enter dav~ credited below.
DAYS NOTES:
______ .o\ILJl~r:tine!!.Li!'for~l!_~ip_n, name• nncl HB•e•oment6 indicated above nre incorporated into the language of tb• judgment· below O)' reference ..
-- ---- ---Th~-;;--~~-lu:;;-;;-wa5-calfecnor trial in N u ecesCouzn:y:-Texas~-TbrS wt'e-a ppeared-by ·her -Distr!ct:_-:-:-.1\:norriey-.--==-===--.::.. _______.:::-=.-=::::::-..::==.:
Counf<el /Waiver of CounBel (select one)
[ZJ Defendant appeared in person wito Counsel. CJ Defendani. knowingly, mtelligcntly. and voluntarily waived the rig-ht w representation b~· counsel in wrinng ir1 open court.
l: appeared to tne Cour: t:bal Defendant was rnentaDy compcteni. and bad pleaded as shown above to the charg-ing 'nsr.n,mPnt. Botb uarne~ ;;mwurH.:ed ready for triaL .A .iur:-· was Hele::ted, impaneled. and !'WOrP-. Till' INDl CTI\fE:l\'T wa~ rr,;1d w th!! .iu.;~.-. ;:.:-.:~ 0cfendan! tmt.er,.,d P. ple?. tc thl? charg-ed offense. The Court rP<~P.vr,ri tnc pte:1 ano en~:.::~u l.l oi recorci..
TROY HUFFMASTER
/TDCJ-CID# 1537487
WILLIAM CLEMENTS UNIT
9601 SPUR 591
AMARILLO, TEXAS
79107
PASTY PEREZ, CLERK DISTRICT COURT/COUNTY COURTS OF LAW P.O. BOX 2987 901 LEOPARD STREET CORPUS CHRISTI, TEXAS 78403
RE: MOTION TO COMPEL; CAUSE NO. 08-CR-2271-F
Dear Honorable Clerk:
Please find enclosed for presentation to the Honorable Judge of the 214th Judicial District Jose Longoria, my "MOTION TO COMPEL COURT TO RULE ON PENDING MOTION TO COMPLY WITH COURT OP APPEALS MODIFICATION OF JUDGMENT."
There are no copy services available in TPCJ-CID so I am unable to serve a copy of this Motion to the Nueces County District Attor- ney•i Office if required .. Would you please make ·any needed copies.
I thank you in advance for your time and attention in this very important matter.
Sincerely yours,
E%'&0~~~- Troy Huffmaster
Pro Se Representation
Cause No. 08-CR-2271-F
EX PARTE § IN THE DISTRICT COURT
TROY HUFFMASTER § 214TH JUDICIAL DISTRICT
TDCJ-CIDf 1537487 § NUECES COUNTY, TEXAS
***************************************************************** MOTION TO COMPEL COURT TO RULE ON PENDING MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT *****************************************************************
TO THE HONORABLE JUDGE JOSE LONGORIA:
COMES NOW, Troy Huffmaster, Petitioner, pro se, and respect-
fully motions this Court for a ruling on Petitioner's pending motion titled: "MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT." The Petitioner will show this Honorable Court as follows:
1. On approximately October 2nd, 2014, Petitioner presented to this Court: "MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT."
2. Consideration of a motion properly filed and before a trial court is ministerial. See White v Roper, 640 S.W.2d 586, 594, 596 (Tex. Crim. App. 1982).
3. Fundamental requirements of due process mandate an oppor-
tunity to be heard. See Creel v District Attorney for Medina County, 818 S.W.2d 45, 46 (Tex. Crim. App. 1991).
4. Thus, a district court may be compelled via mandamus to
Page 2.
consider and rule on a pending motion presented to the Court. See State ex rel. Curry v Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987).
5. Petitioner, Troy Huffmaster, continues to be prejudiced in the eyes o£ the ~exas Department of Criminal Justice Classifi- cation Department as well as the Board of Pardons & Paroles for the reasons set forth in the original Motion to Comply with Court of Appeals Modification of Judgment.
6. For the reasons set forth in the original Motion to Comply, as well as the above stated, .Petitioner requests this Honorable Court take immediate action and comply with the Court of Appeals Mandate and reform the Judgment as ordered.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court will take immediate action and reform the Judgment of Conviction to reflect that Petitioner was convicted of a· third-degree felony escape rather than a second-degree felony escape causing bodily injury and immediately send copies of the reformed Judgment to the authorities listed on the Motion to Comply.
Respectfully submitted
~OJ \-L$V"\AVl;
/cJ I ..J'3/I<f
Troy Huffmaster
Pro Se representation
'.
TROY HUFFMASTER
TDCJ-CID# 1537487
WILLIAM CLEMENTS UNIT
9601 SPUR 591
AMARILLO, TEXAS 79107
PATSY PEREZ, CLERK DISTRICT COURT/COUNTY COURTS OF LAW P.O. BOX 2987 901 LEOPARD STREET CORPUS CHRISTI, TEXAS 78403
RE: PETITIONER'S SECOND MOTION TO COMPEL: CAUSE NO. 08-CR-2271-F
Dear Honorable Clerk:
Please find enclosed for presentation to the Honorable Judqe of the 214th Juoicial District Jose Longoria, my "PETITIONER'S SECOND MOTION TO COMPEL COURT TO RULE ON PENDING MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT."
There are no copy services available in TDCJ-CID so I am unable to serve a copy of this Motion to the Nueces County District Attar-
ney's Office if required. Would you please make any needed copies.
I thank you in advance for your time and attention in this very important matter.
Sincerely yours,
'Troy Huffmaster Pro Se Representation Signed on l- J-~ --(.\ 1 2015.
Cause No. 08-CR-2271-F
EX PARTE § IN THE DISTRICT COURT
TROY HUFFMASTER· § 214TH JUDICIAL DISTRICT
TDCJ-CID# 1537487 § NUECES COUNTY, TEXAS
***************************************************************** · PETITIONER'S SECOND MOTION TO COMPEL COURT TO RULE ON PENDING MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT *****************************************************************
TO THE HONORABLE JUDGE JOSE LONGORIA:
COMES NOW, Troy Huffmaster, Petitioner, pro se, and respect-
fully motions this Court for a ruling on Petitioner's pending motion titled: "MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT." The Petitioner will show this Honorable Court as follows:
1. On approximately October 2nd, 2014, Petitioner presented to this Court: "MOTION TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT."
2. On approximately December 23rd, 2014, Petitioner presented to this Court: "MOTION TO COMPEL COURT TO RULE ON PENDING MOTION" TO COMPLY WITH COURT OF APPEALS MODIFICATION OF JUDGMENT."
3. Consideration of a motion properly filed and before a trial court is ministerial. See White v Roper, 640 S.W.2d 586, 594, 596 (Tex.Crim.App.l982). Fundamental requirements of due process mandate an opportunity to be heard. See Creel v District Attorney for Medina County, 818 S.W.2d 45, 46 (Tex.Crim.App.l991).
Page ·2.
4. Petitioner, Troy Huffmaster, continues to be prejudiced 1n the eyes of the Texas Department of Criminal Justice Classifi- cation Department as well as the Board of Pardons & Paroles for the reasons set forth in the original Motion to Comply with Court of Appeals Modification of Judgment.
5. The request for modification of judgment was made to the Court of Appeals by the State and, the Court of Appeals issued a mandate directing this Court to comply with that mandate. As shown by this Petitioner by way of exhibit in his Motion to Comply with the Court of Appeals Modification of Judgment, this Court's Judgment of Conviction by Jury was never changed to reflect that Petitioner's conviction should be that of a third-deqree felony escape rather than a second-deqree felony escape.
6. For the reasons set forth in the original Motion to Comply, as well as the above stated, Petitioner requests this Honorable Court take immediate action and comply with the Court of Appeals Mandate and reform the Judgment as ordered.
7. Failure to comply with this second request to compel this Court to Comply with the Court of Appeals Modification of Judgment within 21 days of the date below will result in Petitioner filing a Writ of Mandamus with the Texas Court of Criminal Appeals.
WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court will take immediate action and reform the Judgment of Conviction to reflect.that Petitioner was convicted of third-degree felony escape rather than a secono~degree felony escape causing bodily injury and immediately send copies of the reformed Judgment to the authorities listed on the Motion to Comply.
Signed on /-'2_8 ~().- 2015.