in Re Jason T. Pegues

Opinion

MR. JASON T. PEGUES #728196 HUNTSVILLE UNIT 815 12th STREET HUNTSVILLE, TEXAS 7 7 348 CLERK OF THE COURT:

CAUSE N0.94-DCH-026185 AUG 8«""_01S PHEfl AAPRINE CHRISTOPH

JASON T. PEGUES #728196 IN THE DISTRICT CftMSkT PETITIONER

VS FORT BEND COUNTY, TEXAS

THE STATE OF TEXAS 240th JUDICIAL DISTRICT RESPONDENT §

PETITIONER'S OBJECTION

UNDER TEXAS RULES OF APP.PROC.33.1

!Fo::Tbe Honorable said Court;

Comes now, JasoTTirT. Pegues #723196, petitioner, Pro-se, in the above cause of action respectfully submit this Petitioner's Objection under

the Texas Rules of App .Proc.33.1 in reference to the petitioner's

Motion For Forensic DNA Testing. The petitioner would like to show

this Honorable Court the following:

PROCEDURAL HISTORY

petitioner filed a Motion For Forensic DNA Testing with attachments

around March 24j, 2015, and was received by the Fort Bend District Attorney's Office approx. Aj>r i1_3_2015 . On June 8 ,2015.thg._Sta.te was granted a Motion For Extension of time, deadline date extended to the requested date by the State.June 29,2015 . On J-un e_26_20__, the

Honorable Thomas R. Culver,III presiding Judge, 240th District

Court in Fort Bend County, Texas granted a second Motion presented by/

the State to enter orders to various parties for the location of the

evidence in this case 2618 5 so that the state may respond to the

petitioner's Motion Fox Forensic DNA Testing.

-1- PETITIONEE'S OBJECTION

0n June 26f2015, The Honorable Judge Thomas R. Culver,III granted the State's Motion to enter orders so that the State may respond to the

Petitioner's Motion For Forensic DNA Testing and for this court :;po

make a findings required by Tex.Code Crim.Proc.arti64. The order to

submit the affidavit were to be filed within 30 to 45 days in which all

parties ordered by this Honorable Court to submit affidavits were filed with the exception of one party [Former Ansistant District Attorney,

James Sidney Crowley]. The Petitioner is objecting due to the Former Assistant District Attorney,James Sidney Crowley being in contempt of

court in failing to comply with a court order signed by an Honorable

Judge, which was to file an original and three copies of his affidavit

within 30 days of the order which was signed and issued by the

Honorable Judge on _HS£_.26_2015, "Addressing his recollection, if any, regarding their receipt, delivery, handling, chain of custody,

maintenance, storage and condition of the evidence in this case,

including the blood and hair from the complainant and the defendant ii

this case, along with any records supporting the same". Former

Assistant District Attorney, James Sidney Crowley has failed to comply

with an official court order. The Petitioner has been patient as now

it has been two months ever the day the order was issued to Mr.Crowley

and he has still not submitted his affidavit, making this objection

legit and reasonable.

REQUEST FOB BELIEF

The Petitioner request respectfully that he be granted to a new

punishment hearing, requesting time-served although initially Petitioner requested his sentence and charge be vacated. Based on the facts in this proceeding, the Penal Laws were violated in tampering supported b>

-2- the State not being able to present the evidence in this case 26185,

along with the affidavits that were submitted stating having no

knowledge of the location of evidence in this case entitles the

Petitioner to relief. Fofffler Assistant District Attorney, James Sidney

Crowley has failed to comply with a court order and by him doing so,

raises questions about how legit constitutionally was the Petitioner's

conviction, which brings reasonable probability to the Petitioner's

claims and issues presented in his Motion For Forensic DNA Testing.

PRAYES.

WHEREFORE, PREMISES CONSIDERED, Petitioner,Jason T. Pegues #728196,

respectfully prays that this Honorable Court take into consideration

all of the facts in this objection and grant the Petitioner the relief

requested based on the violations and errors as well as parties not

complying with a court order, being in contempt, that is all clear

pertaining to not only this particular proceeding but that is clear

pertaining to this case 26185.

Excr.utod on this 27th day of August, 2015.

RespectfuiXv Submitted,

Pet itioner:

CERTIFICATE OF SERVICE

I, Jason T. Pegues??728196, hereby certify that a true and correct copy of the Petitioner's Objection has been mailed via U.S.Postal Service to the District CLerk,Annie Rebecca Elliott,The 240th Judicial District Court in Fort Bend County,Texas for filing and presentation to said court. Also, a copy of this objection has been forwarded to the 1st Court of Appeals to be presented to the Court in reference to No.01-? 15-00535-CR (First District of Texas Court of Appeals at HOUSTON).

Executed and Signed on this 27th day of August,2015.

_3_ T. Peg

Signed on this 27th day of August,2015.

Wffle !S #728196 815 12th STREET Huntsville, Texas 77 34 8

cc/fliet

-4- MR. JASON T. PEGUES #728196 HUNTSVILLE UNIT FILED IN 815 12th STREET 1ST COURT OF APPEALS HOUSTON, TEXAS HUNTSVILLE, TEXAS 77348 AUG 28 2015 CHRISTOPHER A. PRINE AUGUST 27,2015 CLERK.

TO: CLERK OF THE COURT COURT OF APPEALS, FIRST DISTRICT 301 FANNIN STREET HOUSTON, TEXAS 77002-2066

Re: FILING A COPY OF AN OBJECTION FILED IN THE TRIAL COURT IN REFERENCE TO APPELLATE CASE NUMBER: 0W 5-0053_5_-CR

DEAR CLERK OF THE COURT:

ENCLOSED IS A COPY OF AN OBJECTION FILED IN THE TRIAL COURT BUT THAT IS IN REFERENCE TO APPELLATE CASE NUMBER: 01-15-00535-CR. IF YOU WILL PLEASE FILE THE ENCLOSED DOCUMENTS SO THAT THEY MAY PRESENTED TO THE COURT TO BE TAKEN INTO CONSIDERATION UPON RULING WHETHER TO ISSUE RELATOR'S WRIT OF MANDAMUS, I WOULD GREATLY APPRECIATE IT. THANK YOU FOR YOUR TIME AND ASSISTANCE.

^k%&25k PEGUEj >7 28196 RELATOR

cc/file:

1 of 1 MR. JASON T. PEGUES #728196 HUNTSVILLE UNIT 815 12th STREET yp.tm .'SViJ- M rrr-.-h .-WiM .•?(; t^tiL. HUNTSVILLE, TEXAS 77348 ;y? AIJNGT201S PM 9 I CLERK OF THE COURT :CJWSI&pher A^$JMf *LEGAL MAIL* COURT OF APPEALS, FIRST DISTRICT 301 FANNIN STREET RECEIVED HOUSTON, TEXAS 77002-2066 FIRST COURT OF APPEALS HOUSTON, TEXAS AUG 2 8 2015 CHRISTOPHER A. PRINE CLERK - MAIL RECEIVED :"• i''L''_:jrTj£iL'G:&'zi'3 „.,,,iiJi,,j,.]iiJiiiij,i..i,1ii,i|j„.J|.j(Jii,;i»/ii;l'//nfi