Padilla, Luciano Vargas
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Opinion
113-tS COURT OF CRIMINAL APPEALS ORIGINAL C„* - AoVA APR 172015
Abel Acosta, Clerk
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^ta£b\ \\\ t. UcitoT, ^ ^ "^OA-LdLIA CiDOurl tl>(LliwiAjA.L TyLfcsfclijr (W>(UO£Hs Dt^ic£ (VtYO(L^£tfcrtL ^ATfc Ox) M$£A?l; <^ 1trtLtaxi ?M. A ^CaI? LlSTV Or AuTtoofaKI^ Ca^6<* om* y_ aft* w^.oi ^,m [f6littte,wil ^fci *V *3\AT€w£Arr o? C\QQ"QJlMK VDAb IXi^lO^ "Voft-^We D£v6M££. Ov;'XU_£CaM_ ^A ^OLAAif MQ€ALW ^T^ ^<* D^ ffcl^^ M^^ ' u^vX *>«- Ad cut Am, ma* So tu« -u«**i, ^ ^ ^an ^ j\*Ew& DOAU.V. T*6te^ MO 6,****. 1\UK AfccuAVT %>«L ^AUl£fi (W^ft^/vrfb To TiA-lfe CtejL, %-vS 1>(LM£(L voL ftjeuifii JLii (iQKidLMSioO ^QtelAKrf ^Clftik "T\XA* "TWfc ^QjDPtfL Q_£u3££ 4a>r\D0Va be twLMffiGQ, ^?0i)0£ V>N**Hl, "Dot -^CLocj&fe, HdCAilV^ f^c&JkNl^ATv ^oVL fed£^ . A_k\^ °3|^\\S __^ ^ Loil^o i/ft/^s ?aA;Uc) ?(AVo ,JI COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 INSTRUCTIONS 1. You must use the complete form, which begins on the following page, to file an application for a writ of habeas corpus seeking relief from a final felony conviction under Article 11.07 of the Code of Criminal Procedure. (This form is not for death- penalty cases, probated sentences which have not been revoked, or misdemeanors.) 2. The district clerk of the county in which you were convicted will make this form available to you, on request, without charge. 3. You must file the entire writ application form, including those sections that do not apply to you. If any pages are missing from the form, or if the questions have been renumbered or omitted, your entire application may be dismissed as non-compliant. 4. You must make a separate application on a separate form for each judgment of conviction you seek relief from. Even if the judgments were entered in the same court on the same day, you must make a separate application for each one. 5. Answer every item that applies to you on theform. Do not attach any additional pages for any item. 6. You must include all grounds for relief on the application form as provided by the * instructions under item 17. You must also briefly summarize the facts ofyour claim \ on the application form as provided by the instructions under item 17. Each ground shall begin on a new page, and the recitation of the facts supporting the ground shall be no longer than the two pages provided for the claim in the form. 7. Legal citations and arguments may be made in a separate memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. 8. You must verify the application by signing either the Oath Before Notary Public or the Inmate's Declaration, which are at the end of this form on pages 11 and 12. You may be prosecuted and convicted for aggravated perjury ifyou make any false statement of a material fact in this application. 9. .When the application is fully completed, mail the original to the district clerk of the county of conviction. Keep a copyof the application for your records. 10. You must notify the district clerk ofthe county ofconviction ofany change in address after you have filed your application. Rev. 01/14/14 Case No. (The Clerk of the convictingcourt will fill this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 NAME : \-OClANto \WtoE£> ^AftlVIA DATE OF BIRTH PLACE OF CONFINEMENT: ^Cv^CS - LaMH fcd^ Qtolx TDCJ-CID NUMBER: VcATLcA SID NUMBER: (1) This application concerns (check all that apply): • a conviction • parole • a sentence • mandatory supervision • time credit M out-of-time appeal or petition for discretionary review (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) (3) What was the case number in the trial court? (4) What was the name of the trial judge? Revised: January 1. 2014 1 (5) Were you represented by counsel? If yes, provide the attorney's name: "5. \LHv£ VteQflgr (6) What was the date that the judgment was entered? (7) For what offense were you convicted and what was the sentence? (8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count? K)V& (9) What was the plea you entered? (Check one.) D guilty-open plea • guilty-plea bargain M not guilty • nolo contenderelno contest If you entered different pleas to counts in a multi-count indictment, please explain: (10) What kind of trial did you have? • no jury • jury for guilt and punishment jury for (Miury fo guilt, judge for punishment (11) Did you testify at trial? If yes, at what phaseof the trial did you testify? (12) Did you appeal from the judgment of conviction? B^yes • no If you did appeal, answer the following questions: (A) What court of appeals did you appeal to? '**flj£ raESvfag COo'tu o^flQv^AlS" \WfoKJ ^ (B) What was the case number? CYW W ODCllA - CXL (C) Were you represented by counsel on appeal? If yes, provide the attorney's name: (D) What was the decision and the date of the decision? TvCLM. (LQOvCx QtaAksaU OW lVb\ VS (13) Did you file a petition for discretionary review in the Court of Criminal Appeals? "TVtlS IS • yes D no , Ml* If you did file a petition for discretionary review, answer the following questions: (A) What was the case number? M/A (B) What was the decision and the date of the decision? bJk (14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction? Dyes M\k Dno If you answered yes, answer the following questions: (A) What was the Court of Criminal Appeals' writ nnmhpr? M \ rC (B) What was the decision and the date of the decision? N y^ (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. U$ : (15) Do you currentlyhave any petition or appeal pending in any other state or federal court? • yes 1v no If you answered yes, please provide the name of the court and the case number: Mik. (16) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies) • yes • no A/A If you answered yes, answer the following questions: (A) What date did you present the claim? i (B) Did you receive a decision and, if yes, what was the date of the decision? MlL If you answered no, please explain why you have not submitted your claim: 4 <^
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