Mancillas, Ricardo Sanchez

• Court: Court of Appeals of Texas
• Decided: March 31, 2015
• Docket: WR-83,012-01
• Status: Published

Opinion

MR. RICARDO SANCHEZ MANCILLAS# 1819352 DALHART UNIT 11950 FM 998 DALHART, TEXAS 79022

TO: THE COURT OF CRIMINAL APPEALS CLERK: ABEL ACOSTA, DATED: MARCH 25,2015 P.O.BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

RE: EX PARTE: RICARDO SANCHEZ MANCILLAS, CAUSE NUMBER:2012-CR-0083B-W1 WR-83,012-01 Dear Acosta; RECEIVED IN Gr e e tin g s . En c 1 o s e d are the or i g in a 1 o f ; Re 1 at or ; C!f.'lij~TcG.fi (i~lWlV~AL APPEALS motion for Extension of Time with Affidavit in support, an~~o~ficQ315

to Suspend with Affidavit in support herein.

Please file these motion's and affidavit's Criminai Appeals.

Attached to this letter is, a self-return-envelope for the "PD" new cause number, for my personal files.

A copy of these motion's and affidavit's has been forward to the following addresses;

BEXAR COUNTY TEXAS DISTRICT BEXAR COUNTY TEXAS DISTRICT CLERK: DONNA KAY McKINNEY, ATTORNEY: NICHOLAS L~HOOD, 101 W. NUEVA, SUITE 217, PAUL ELIZONDO TOWER, SAN ANTONIO, TX 78205 101 W. NUEVA, 4TH FLOOR, SAN ANTONIO, TX 78205

"Thank you, for your kind

~ ~N~7ANClLLAS MR. RICARDO WR-83,012-01 WRIT NO: ------- RICARDO SANCHEZ MANCILLAS § Relator,

vs, § IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS SID HARLE § Respondent, § .~

RULE 79.6, TEXAS RULES OF A~PELLATE PROCEDURE, RELATOR MOTION FOR· EXTENSION OF TIME WITH· AFFIDAVIT IN SUPPORT:

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS: Comes now, RICARDO SANCHEZ MANCILLAS, Relator-Undersigned, in the Interest of Justice, file this motion for Extension of Time with Aff- idavit In Support, in the said above caption, and will show the Court the followings; I. JURISDICTIONS: Pursuant to; Rule 79.6, of the Texas Rules Of Appellate Procedure, and under Article 5, Section 5, of th~ Texas Constitution, This Court has jurisdi~tion to review the extension of time upon affidavit in sup- port hereinafter. II. .~FFARTTEl.S ::~ .. RelatoT; Mancillas, (sentence to 17-years by a grand-jury) for a Robbery charge,(enhanced)in cause number;201i2-CR-0083B, is an inmate incarcerated in the Texas Department of Criminal Justice Institution (TDC). Respond~nt; Sid Harle, (Honor~ble Judge) is located in the Distritt Court 226TH Judicial, of Bexar County, Texas.

III. ·FACTS AND PROCEDUR~C HISTORY: On March 11,2015 Respondent; Harle, filed an "Order" dismissing relator; Mancillas, Application State Writ of Habeas Corpus, for want "verification."

*(Relator Extension 0~ Tjme)* Page 1 0 f: 4' Contrast to Respondent; Harle, "Order;~n It did notify relator; · Mancillas that the Appication has been sent to the Court of Criminal Appeals. Relator; Mancillas, asserts to amend second application with verification, inorder to prohibit-refiling a second application for Writ of Habeas Corpus, in the Interest of Justice.

VI. SHOWING OF CAUSE: Relator; Mancillas, attach to this; Motion for Extension of Time, hfus:declaration, inorder to prove cause to this Honorable Court.

·The undersignerl apologize to this Honorable Court of the need for the extension of time. The,;i.Jndersigned request 60-days extended til May 31 ,2015.inorder tp prepare a Amended writ Habeas Corpus "verific- ation~" The Court will almost certainly uphold the governmental:attion.

v. PRAYER: WHEREFORE: Relator; Mancillas, prays the Honorable Court of Crim- inal Appeals, grants his motion for Extension of Time, as we'll see justl;ce '.serv.ed in ·;thd!s instant case. Respectfully submitted,

MR, RICARDo~ACHEz MANCILLAS TDC NO# 1819352 DALHART UNIT 11950 FM 998 DALHART, TEXAS 79022

VI. CERTIFICATE OF SERVICE: Service has been accomplished by sending a copy of this instrum- ent to the following addresses; Bexar County District Clerk; Donna Kay McKinney, at; 101 W. Nueva, Suite 217, San Antonio, Tx 78205/ District Attorney; Nicholas Lahood, at; Paul Elizondo Tower, 101 W. Nueva, 4TH Floor, San~Antonio, Tx 78205/ Court of Criminal A~peals Clerk; Abel Acosta, at; P.O.BOX 12308, Capitol Station, Austin, Tx 78711. Executed date; March 25,2015 Respectfully submitted, *(Relator Extension of Time)* Page 2 of 4, ~~~~. RICJ\R~ANCHEZ MANC~LLAS MR, WRIT NO: WR-83,01'2.:..01

RICARDO SANCHEZ MANCILLAS § Relator,

vs, § IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS SID HARLE § Respondent, §

ORDER:

On this day came onto be heard, the foregoing Relator; Mancillas, motion for Extension of Time with Affidavit In Support, as it appears to this Court that it has merits.

IT IS TH~REFORE ORDERED: In The Interest of Justice, that the relator; Mancillas, motion for Extension of Time is granted.

IT IS THEREFORE ORDERED: that the time is extended til May 31, 2015 inorder to prepare a Amended writ Habeas Corpus "verification" as no-more time will be giving after that dead-line.

IT IS THEREFORE FURTHER ORDERED: that the clerk of this Court, shall notify to all parties this "Order" being granted.

SIGNED on this the ______ day of ______________________ 2015.

PRESIDING JUDGE

*(Relator Extension Of .Time)* Page 3 of 4, RELATOR: MANCILLAS AFFIDAVIT IN SUPPORT FOR EXTENSION OF TIME: IN THE STATE OF TEXAS § COU~TY OF HARTLEY § WRIT NOt WR-83,012-01 §

AFFIDAVIT:

BE IT ACKNOWLEDGED that I, RICARDO SANCHEZ MANCILLAS, the undersigned affiant, being of legal age, sound of mind, and able to make this affidavit, do hereby say under oath the followings;

A), I am incarcerated in the Texas Department of Criminal Justice Institution; of Hartley County Texas, Dalhart Unit, 11950 FM 998, Dalhart, Texas 79022;

B), On February 05,2015, The District Attorney; Jay Brandon, SBN: 02880500, of Bexar County Texas, (State Response to Application· for Writ of Habeas Corpus) did not contest to the "verification":

C), MR. Brandon, did not notify Mancillas, of the lack "verification" into the application, inorder to make timely A~ended writ Habeas Corpus "verification."

D), Mancillas, declare that, to avoid a second (subsequently) writ of Habeas Corpus application soley upon the same claim's and fact's, a A~ended writ of h~bsas corpus application must be require inorder to prove further; "exer~ise due diligence," [if] the extension of time is Denied.

DECLARATION: I, detlare under the Penalty of Perjury, that the said above fore- going is true and correct to the best of my knowledge, as this affi- davit is freely made, presented _to; V.T.C.A. TEX, CIV, PROC, REM, CODE, §§ 132.003 and 132.001, and 28,U.S.C.§ 1746. Executed date; March 25,2015. • ~ iJ~.a/-1A '# . Aff~ant;~At: :;Q"'~~ MR.'-.::;.....;;,R;:;.;,I,..;.;C;.;A~R~D~O~S;.;A~N~~E~Z::....a.:M~A;.:N~C:t:::I~L~~::L:o.£:A S , TDC NO# 1 819352 DALHART UNIT 11950 FM 998 *(Relator Extension Of Time)* DALHART, TEXAS 79022 Page 4 of 4,