Medrano, Abel

Opinion

Abel Medrano 11743611 Dalhart Unit TDCJ MOTION DJCNI~ID 1 1 9 5 o I? r•J 9 9 a Dalhart, Texas 79022 DATE: LM:30-f5 April 03, 2015 BY: PG Abel Acosta · Clerk, Criminal Appeals P.o. Box 12308, Capitol Station Austin, Texas 78711 ·

RE: State of Texas v Abel Medrano, ~8602

Sub: Motion to Stay Proceedings with Order Dear Clerk: Enclosed please find for filing Movant's Motion to Stay Proceed- ings with Orde~. Please file date stamp and bring to the attent- ion of the Court. Also e~cilosed, ·please find a ~dpy of this letterhead. Please file date s famr> same and return in the provided se l f.i addressed starnped envolp~e~~:·~··?·- ·. : · ·:.·\\ /::.IJ. •. ~~ .·~ .· t~ ,·· ··~ :t ~.. ,_:~ _:· . ·. ·s. ~-; . ~- >~ >i·:. -J \, ; , _. . .' ~· •.

Th~nkl you for your assistance on this matter. ·sincerely,

-~------····

~-------- Abel Nedrano t'lovan t pro se RECEIVED IN COURT OF CRIMINAL APPEALS

APR 15 2015

_J\bei_Ac,osta, Clerk AM/ .. cc: .- 'i:r'Lf' :· ·.. '·. . ', I' . ' .··-. .

Larry Allison, P.O. Box 1300, Lampasas, Texas 76550, Via u.s. ··Po~tal Secvice, first class, postage prepaid. Enclo·sure: Origl.:nal· Motion to Stay' ·Proceedin<_is wlth Order; self .addressed stamped .envelppe NO. ----------------------- IN THE

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

EX PARTE § ORIGINATING IN THE 27th

§ DISTRICT COURT IN AND FOR

ABEL MEDRANO § LAMPSAS COUNTY, TEXAS

MOTION TO STAY PROCEEDINGS

TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, Abel ;zy, Medrano, Texas Department of Criminal justice

(TDCJ)-ID #1743611, hereinafter "Movant" pro se in the above cap-

tioned cause and moves this Honorable Court to Stay Proceedings,

not for reason of delay but, requesting due process and offers

this Honorable Court the following in support thereof:

Statement of the Case

On January 28, 2015, Movant filed Original Application for ~vrit

of Habeas Corpus, §11.07, §11.073, with the district clerk of Lam-

pasas, Texas, Lampasas County, with Memorandum in Support.

On March 11, 2015, Movant's application was received by this

Court's Honorable Clerk and present to the Court.

On March 24, 2015, Movant received the Clerk's notice of same.

1 On March 30, 2015, Movant sent correspondence to the district

clerk requesting a copy of the State~s Answer be forwarded immed-

iately.

To date, Movant has not received a copy of the requested, nno

has he received notice that the State filed an answer in response

to his application.

Due Process

Movant is r~questing he be afforded due process guaranteed to

him by the Fourteenth Amendment to the United States Constitution

and Ar.ticle 1, subsections 10 and 19, on the Texas Constitution,

in the event the State has in fact filed an answer in response to

his application, .but has failed to inform and forward a copy_of

same, in violation of due process.

Conclusion

Movant requests an opportunity to file an objection and refute

any and all assertions and/or contentions made by the State_and

contained in their answer in response to his application for Writ

of Habeas Corpus, §11.07, §11.073. Movant requests t~~t the State

be compelled to forward Movant a copy of same, if one in fact has

been filed with his application in this Court. Movant is entitled

to due process in this proceeding and requests an opportunity_to

file an objection, refuting any and all assertions and/or conten-

tions wit&'n the State's answer. Movant requests that the time

frame to be reinstated to reflect the proper time to begin the

date Movant receives the requested copy of the State's answer. In

2 the event the State has failed to file an answer pursuant to_the

Texas Code of Criminal Procedure(CCP) art. §11.07(3)(a), only

filing Movant's application by itself, Movant requests this_Hon-

orable Court to consider this Motion to Stay Proceedings, as moot

and to grant his application for Writ of Habeas Corpus, §11.07,

§11.073.

Prayer

WHEREFORE, PREMISES CONSIDERED, Movant respectfully requests

this Honorable Court to consider Movant's Motion to Stay Proceed-.

ings and to issue an Order this Honorable Court deems appropriate

in this cause. So prayed •

. l Respectfully submitted,

~ __.-·

Abel Medrano #1743611 . Dalhart Unit TDCJ 11950 FM 998 Dalhart, Texas 79022 Movant poo se

Certificate of Service

I, Abel Medrano, hereby certify that a true and correct_copy

of the foregoing Motion to Stay Proceedings was filed on this the

3rd day of April, 2015, by placing same in the Dalhart Unit's in-

ternal mail system addressed to: Larry Allison, P.O. Box 1300,

Lampasas, Texas 76550: and to the Honorable Clerk of the Court of

Criminal Appeals, P.O. Box 12308, Capitol Station, Austin, Texas

78711.

3 Movant pro se

Unsworn 6eclaration

I, Abel Medrano, TDCJ-ID #1743611, being presently incarcer-

ated in the Dalhart Unit of the Texas Departmwen' of Criminal

Justice in Hartley County, Texas, verify and declare under penal-

ty of perjury, that the foregoing statements are true and correct

and that the original Motion to Stay Proceedings were placed_in

the Dalhart Unit's internal mailing system on this the 3rd day of

April, 2015.

Executed on this the 3rd day of April, 2015.

~-------··

Abel Medrano #1743611 Movant pro se

4

NO. --------------------- IN THE

ABEL MEDRANO § LAMPASAS COUNTY, TEXAS

,.. ORDER

On this, the day of , 2015, came to be ---------- ------------------~ heard the Movant's Motion to Stay Proceedings and after having

reviewed the pleadings, heard the evidence, • .. · , · · ' . . ' • ~and I the argument of :'""~'1.;""·•~!1· - •

Counsel, this Court is of the opinion that said Motion to Stay

Proceedings should be: [ ]GRANTED [ ]DENIED AS MOOT

IT IS THEREFORE ORDERED that the Movant's Motion to Stay Pro-

ceedin~s is GRANTED / DENIED AS MOOT, and IT IS FURTHER ORDERED

that the Clerk of the Court issue same to all parties.

SIGNED ON THIS DAY, THE _ _ _ _ DAY OF ______________:, 2015 •

.. .

;~· . '•: JUDGE PRESIDIN"C;