Jeffery Lee Manns v. State

• Court: Court of Appeals of Texas
• Decided: August 3, 2015
• Docket: 02-15-00247-CR
• Status: Published

Opinion

FILfcU COURT OF APPEALS AUG 0 3 2015 SECOND DISTRICT OF TEXAS COURT OF APPEALS AUG -^ 3 2015 SECOND DISTRICT OF TEXAS COURT OF APPEALS DEBRASPISAK, CLERK Second District of Texas DEBRA SPiSAK, CLERK JEFFERY LEE MANNS § Court of Aooeals Number § 02-15-00247-CR V . § Trial Court Case Number THE STATE OF TEXAS § 1213452D

RESPONCE TO THE COURT

TO THE HONORABLE SAID COURT:

Comes Now Jeffery Lee Manns,Petitioner in the above number and

style Appeal would like to show the court the following:

I.

This Court holds the Jurisdiction to hold this appeal in this

numbered appeal.

The 30 day period to file this appeal did not start until June

9,2015. This is the date in which the Petitioner found out his

motion for DNA Testing was denid.

II.

TIME LINE FOR MOTION AND APPEAL

11-24-14 Filed Motion for DNA Testing 12-15-14 Letter to the Clerk requesting the status of the Motion 1-12-15 Letter to the clerk requesting the status of the Motion 2-9-15 Letter to the clerk requesting the status of the Motion 3-10-15 State files there responce 3-24-15 Petitioner files his objection to State's responce 6-9-15 Recieved letter from Sharen Wilson Office with a copy of the fact findings and and the Judges ruling. 6-30-15 Notice of Appeal was filed within the 30 day limit with both the Second District Court of Appeal and the 396th District Court of Tarrant County. Appointment of Counsel was granted by the Tarrant County District Court for this appeal July 2015. 7-28-15 Recieved letter from Appeals Court requesting this responce

1 . SUMMARY

The Petitioner had no way of knowing that his Motion for DNA

Testing was denid. All he has is the responce from the county

court and the District Attoney Office and he used the rules of

court for the 30 day rule. This Honorable Court hold the juris

diction in this appeal. If the Court would take notice ExhibitrV /

is a letter from the Criminal District Attorney's office it is

dated JUNE 4/2015 The Petitioner recieved legal mail JUNE 9,2015/

Exhibit '--> . Petitioner's 30 days would not be up until July 9/2015/

he filed his Notice of Appeal on JUNE 30/2015 well within his 30

day limit.

PRAYER

WHEREFORE PREMISE CONSIDERED,the Petitioner prays this Honorable

Court grant him his appeal for consideration by this court/it is

so prayed.

Respectfully Submitted/

kJeffery Lee Manns #1751637

INMATE DECLARATION

I certify that the forgoing is true and correct to the best of my ability. Executed on this day SO /the month J (S/ y /2015.

Jeffery Lee Manns

2. ..v&2H^X

SHAKEN WILSON Criminal District Attorney Tarrant County

June 4, 2015

Mr. Jeffery Lee Manns TDCJ-ID#: 1751637 Ellis Unit 1697FM980.. Huntsville, Texas 77343

RE: Manns, Jeffery Lee- Case No.: 1213452D

Dear Sir,

Enclosed, please find a copy ofthe signed Finding and Order in the above referenced case.

Sincerely,

Frieda MCMiinn Post-Conviction Litigation Specialist

Enclosures

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401 West Belknap • Fort Worth, Texas 76196 • 817.884.1400 £ 4- G -/*. <\ . Rc^cU? /•" rf.SPOs> SHAREN WILSON ^ ^.S'g'iK'" Criminal District Attorney Tarrant County '!, ,?- • $00.416 401 West Belknap rsM M-'L£P FROIN y[pCODS 76*"S? Fort Worth,Texas 76196 p\o-M-; :Nl^^ffeTr01J^1M[a IMafins! jEUisgn^^^^ EMA-S3B 7-7343 I•i..h»ii••iii»mi-»iih,^^>4 ."1 K

RECEIVED AUG 0 3 2015 COURT OF Ari-; Ai-S SECOND DISTRICT OF TEXAS DEBRASPISAK, CLERK

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