in Re Gelacio P. Lozada

• Court: Court of Appeals of Texas
• Decided: March 26, 2015
• Docket: 03-15-00183-CV
• Status: Published

Opinion

03-15-00183-CV 3 March 26, 2015 CAD3B BO. ^ 7 / ^4^rT

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A. PLMHTIPP»S ORIGINAL APPLICATION FOR WRIT OP HAUDAMOS

TO THE HONORABLE JUDGE OP SAID COURTS

Coaws Nov* /vfy. (&Was^/*&02m/j.i Relator pro se in the above-styled and timbered cause of action and files this Original Application For Writ of Mandamus, pursuant to Article 11.07 Section (c) of the Texas Code of Crim inal Procedure* and would show the Court the following:

8. RELATOR v, /? /j , 1-01 ^P&. /Y^^f/r^J *T0CJ# XT^^r/y ia an offender incarcerated in the Texas Department oZ Criminal Justice and appearing pro se who can be located at: 75*«*J £>A~^~ /AM /j**>~7//rA1ACa*

1.02 Relator has exhausted his remedies and has no other remedy at law. 1.03 The act sought to be compelled is ministerial* not discretionary in nature. V.A.T.C.C.P. art. 11.07 sec. 3(c) requires Respondent to imaediately transmit to the Court of Criminal Appeals *TEXAP&T)AltA4 (\4fl41

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2.01 Respondent ZZ^ZZ^y/?. Ax^ in his/her capacity as a«** «* ^fiL^/^sm S County* Texas* has aministerial duty to receive and file all papers in a oriminal proceeding and perform all other duties Imposed on the cleric by lav pursuant to T.C.C.P. art. 2.21* and is / RECEIVED N MAR 2 6 2015 THIRD COURT OfAPPEALS V JEFFREY P.KYLE S responsible under T.C.C.P. Art. 11.07 sec. 3(c) to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of Mandamus filed and a certificate reciting the date upon which that finding was made if the convicting court decides that there are issues to be resolved. BNsmmmm Clerk of fs&£"s£^m County may be served at his/her place of business at /f^ A^S^ue*?.^L.<~A^ Texas ^/c^^. PRAYER

Wherefore* premises Considered* Relator ^f. /^l^ jg^l^. ^ pro se respectfully requests a finding that Respondent did have his Appeals number* and brought this litigation in good faith. Relator Prays for his appeal number to be reopened in the name of Justice.

Respectfully submitted*

(Signature)

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(City* state*" zip)

Relator* pro se UNSHORN DECLARATION

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EXECUTED this ^^day Of ,S^%^ A ,20^,

Offender Signature STATE OP TEXAS sj / § county op Lsnsl'/sA/r) § B. AFFIDAVIT

I swear under oath that the facts and allegations in the above Application for Writ of Mandamus are true and correct.

(*^iD-fUo?J\j>A Relator If swntencer t« to n»k» individualized assessment of -appropriateness of defendant's background* with character being rolevant because of belief long held by society, that defendant who commits criminal acts that are at tributable to disadvantaged background or to emotional or mantal problems may be less culpable than defendants who have no such excuse. Cdulkt of Arrs/ti* Z7*FA#£y/?./rYl&. r/ar£T

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^RECEIVED N MAR 2 6 2015 THIRDCOURJOF APPEALS \ JEFFREY D.KYLE / ^=zf

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/*£p*r- ^2Zsn i&^SU.<&&£..'~S^faL»*t, /to <*«-. c«„ 6^ #--6^ ^^^ * ^£W y*?z&r/'&**- Court of Appeals THIRD DISTRICT OF TEXAS P.O. BOX 12547, AUSTIN, TEXAS 78711-2547 www.txcourts.gov/3rdcoa.aspx (512) 463-1733

JEFF L. ROSE,CHIEF JUSTICE JEFFREY D. KYLE, CLERK DAVID PURYEAR, JUSTICE BOB PEMBERTON, JUSTICE MELISSA GOODWIN, JUSTICE SCOTT K. FIELD, JUSTICE CINDY OLSON B0URLAND, JUSTICE March 17,2015

Mr. Gelacio Perez Lozada TDCJ ID #1579849 Robertson Unit 12071 FM 3522 Abilene, TX 79681

RE: Court of Appeals Number: 03-09-00470-CR Trial Court Case Number: CR21,263

Style: Gelacio Perez Lozada v. The State of Texas

Dear Mr. Lozada:

On March 16,2015, your Motion to Dismiss Prosecution Law Unconstitutional was received in this Court but was not filed. The Court issued its opinion affirming the decision of the trial court on May 5,2010, and on August 29,2010, issued a mandate in accordance with the Court's judgment. Therefore, this Court no longer has jurisdiction over this appeal. The Court's plenary power over its judgment has expired and no further action can be taken by this Court in this appeal. See Tex. R. App. P. 19.1.

Very truly yours,

Clerk's Office ^x M ^

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