Simons, Morris Wayne v. State

• Court: Court of Appeals of Texas
• Decided: January 23, 2015
• Docket: PD-1078-14
• Status: Published

Opinion

COURT OFCRIMINAL APPEALS FN F^9W0, PD-1078-:L4 Iam 9^ 2015 MORRIS WAYNE SOJMSiSOF CRIMINAL APPE/9.S IN THE COURT OF *nn *~ § vs. JAN2 3 2K5 § criminal appeals OFA^xAsosta Cl@r § THE STATE OF TEXAS «. , § AT AUSTIN, TEXAS Abel Acosta, Clerk APPELLANT'S PRO SE MOTION TO SUSPEND RULES 9.3(b)(1) AND 68.4(j) AND FILE ONLY ONE ORIGINAL OF REDRAWN PDR (W/O COPY OF COA OPINION)

TO THE HONORABLE JUDGES OF THIS COURT:

This Court previously STRUCK Appellant, Moris Wayne Simons', PRO SE Petition for Discretionary Review ("PDR") because the

PDR did not include a copy of the Court of Appeals ("COA") Opinion and because it was longer than 15 pages. Appellant has redrawn

in PRO SE PDR within the 15 page limit. However, Appellant does

not have the ability to provide this Court with a copy of the

COA Opinion nor extra copies of the PDR. Appellant is indigent

and incarcerated. Appellant does not have access to a computer

or copy machine. The single copy of the COA Opinion that Appellant

possesses has been written on by Appellant making notes. This

Court has access to the COA's website to view the COA Opinion

in this case and the Opinion is included in the record forwarded

from the COA. See, Tex. R. App. Proc, Rule 68.7. It should

also be noted that the COA Opinion recognized that Appellant

is mentally retarded, with an IQ lower than 70, and that Appellant has been doing the best he can to present his concerns to this Court and abide by the Rules. Therefore, Appellant asks this Court to SUSPENDRules 9.3(b)(1) and 68.4(j) and allow Appellant to file only the one original of his redrawn PRO SE PDR, without a copy of the COA Opinion. See, Tex.R. App. Proc, Rule 2(good cause to suspend Rules). PRAYER

WHEREFORE, ALL CONSIDERED, MORRIS WAYNE SIMONS, the Apellant,

acting PRO SE, PRAYS this Honorbale Court GRANT this motion in

all things and therein SUSPENOTexas Rules of Appellant Procedure, Rules 9.3(b)(1) and 68.4(j) imthis case and allow Appellant to file only the one original of his PRO SE redrawn PDR, wihtout

a copy of the COA Opinoin; AND, ANY AND ALL OTHER RELIEF THIS

COURT FINDS PROPER IN THE INTEREST OF JUSTICE.

Respectfully Submitted,

Morris Wayne Simons TDCJ No. 1825828 Hughes Unit Rt. 2, Box 4400 Gatesville, TX 76597

APPELLANT PRO SE

CERTIFICATE OF SERVICE

I, Morris Wayne Simons, certify that I have caused a copy of this motion to be mailed 1st Class USPS to the Dallas County District Attorney and the State Prosecuting Attorney by placing it in the prison mail system onJzhis the j± day of ^?/;^/^f >^

Morris Wayne Simons Appellant PRO SE

MOTION AND PDR ADOPTED BY MENTALLY RETARDED APPELLANT

This motionAhas been prepared by another Inmate that is NOT an attorney. That Inmate has explained the contents of this motion and and the PDR.to Appellant as best he could. The Appellant may not fully understand everything in the motion and PDR; yet, it appears to the other Inmate that Appllant understands that by siting this motion and the PDR that Appellant is adopting these pleadings as his own, as if he wrote them himself. CERTIFIED on this the <<3 day of 3~7?/

Samuel Wade Dooley Morris Wayne Simons TDCJ No. 1075237 Appellant PRO SE