Porras, Jorge Venustiano

• Court: Court of Appeals of Texas
• Decided: February 5, 2015
• Docket: WR-82,651-01
• Status: Published

Opinion

yjt-ZZ^Sl-Oi JSSHSSSEO *B'. 'l/U A<5 Trlal Cause No- 818904

EXPARTE JORGE V. PORRAS § IN THE CRIMINAL APPEALS § § COURT Of TEXAS

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MOTION FOR REHEARING ©®|$ftTOFCRIMINALAPPEALS FEB 05 2Mb TO THE HONORABLE SAID:

Now Comes Jorge V. Porras, Applicant, pro-se, in the above styled an and files

His "Motion for Rehearing" and will respectfully show the Court the following:

Applicant's 11.07 Writ was denied without written order on January 14, 2015.

II

1. On an Actual Innocence claim, this Honorable Court must review the writ; the

indictment reads that applicant caused the death of the victims, affidavits from eyewitnesses and

an F.B.I, agent, as well as all evidence, points to another person who caused the death. i

2. On a Capital case the defendant cannot waive the right to a jury trial - implying that

only a jury can find one guilty in a capital case. Not the trial court, or a confession. Therefore

applicant's confession is not good for a capital case. Let's not forget that due to all the affidavits

pointing to the real murderer, we have a confession without evidence to support the confession

as law now requires and as pointed out in applicant's 11.07 writ.

3. This court is designed to review cases where one is restrained illegally of his liberty.

Applicant waived his right to a jury trial in a capital case for a capital life. Therefore his sentence

is void and null - the trial court had no jurisdiction to act as a court and ask the applicant to waive

a jury trial for capital murder and a capital life. CONCIUSION

Applicant is restrained illegally of his liberty and this Honorable Court is asked to please

reconsider and review this 11.07 writ where all the law and argument are laid out.

PRAYER

WHEREFORE, PREMISES CONSIDERED, the please search for the truth and give out mercy

mixed with justice. Applicant prays that this Motion be granted. For this applicant prays.

Jorge V. Porras, TDCJ# 886022 Darrington Unit 59 Darrington Rd Rosharon, TX 77583

VERIFICATION

I, Jorge V. Porras, TDG#886022, being presently incarcerated at the Darrington Unit of

the Texas Department of Criminal Justice - ID, Brazoria County, Texas, verify and declare under

penalty of perjury pursuant to V.T.C.A. Civil Practice and Remedies Codes §§ 132.001 and

132.003 that the foregoing statements are true and correct.

EXECUTED on this 28th day of January, 2015.

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CERTIFICATE OF SERVICE

I, Jorge V. Porras, Applicant, Pro Se, do hereby certify that an original copy of "Motion for

Rehearing," have been served by placing the above and foregoing instruments on this 28th day of

January, 2015, addressed to: Christina Czepinski, Clerk of the Abel Acosta, Clerk of the 185th District Court Criminal Appeal Court of Texas 1201 Franklin St. / 17th Floor Supreme Court Building Houston, TX 77002 201 West 14thSt. / Room 106 Austin, TX 78701

Chris Daniel, Harris County District Clerk Devon Anderson, District Attorney 201 Caroline / Ste 420 1201 Franklin St. / Ste 600 Houston, TX 77002 Houston, TX 77002-1923 Trial Cause No. 818904

EXPARTE JORGE V. PORRAS § IN THE CRIMINAL APPEALS § § COURT Of TEXAS

ORDER

On this day of. _, 2015, Applicant's "Motion for Rehearing" came

before this Honorable Court, and;

IT IS ORDERED, ADJUDGED, AND DECREED that the order be:

Granted Denied

SIGNED AND ENTERED on this day of. _, 2015.

Judge Presiding

[Type here] January 05, 2015

Abel Acosta, Clerk of the Criminal Appeal Court of Texas Supreme Court Building 201 West 14th St. / Room 106 Austin, TX 78701

Re: Jorge Venustiano Porras Trial Court Case Number: 818904 Appellate Cause Number: 01-13-00852-CR

Dear Mr. Acosta:

Enclosed please find the Applicant's original "Motion for Rehearing." And please file the enclosed instruments and bring it to this Honorable Court's attention for the necessary proceedings to be initiated.

The Applicant would like to ask the Clerk to please notify him of any decisions or rulings made by the court so the Applicant could know when or whether to go to the next appeal level in the pursuit of justice.

Thank you for your time and kind assistance in this matter.

Sincerely,

(brgeV, Porras #886022 Darrington Unit 59 Darrington Rd Rosharon, TX 77583

Cc: Christina Czepinski, 185th District Court Clerk, 1201 Franklin St./17th Fl., Houston, TX 77002 Chris Daniel, Harris Co. District Clerk, 201 Caroline/Ste 420, Houston, TX 77002 Devon Anderson, District Attorney, 1201 Franklin St./Ste 600, Houston, TX 77002