Willie Lee Ockletree v. State

Opinion

August 31, 2015

WILLIE LEE 0CKLETRE2, #1906931 ALLRS-j UNIT/TDCJ-CID 2102, E.I.I. 369 No 10V/A PARK, TEXAS 76367 AUGUST 13, 2015

HONORABLE JUSTICES PURYEAE, PEMBERTON, ana FiZL-j COURT OP APPEALS FOR THE THIRD JiSTRlCT OF TEX&S p. Oc bo:l 12547 AUST N, TE:;AS 78711-2547 In Re: Y/ILLiELEE 0CKLETR2E -v- ^h^ cT>»TE OF T2ZA5 RECEIVED\ C50URT OF APPEALS No* 03-14-00046-CR | (TRIAL COURT No. 71320 )

AU63 12015 I APPELLANT'S" LETTER FORM PLEAj.NG. TO WIT: ™BS/ MOTION TO SUSPENJ RULE; and MOQJ..OK FOR RE-

HEARING

Dear Honorable Justices Puryear, Pemberton, c.nj Field:

COMES NOW, W1LL,E LEE OCKLETREE, #1906981, an offender, who is confined in TDCJ-CI^ at the Allred Unit, 2101 F. M. 369 N., Iowa Park, Texas 76367, who is the Appellant in the above stylea and num bered cause of action an- makes an- files this APPELLANT*^ LETTER FORM PLEAJlIiG, TO W.Tt MOTION TO SUSPEftj RULES an KOTiOS FOR RE HEARING v.-hich the Appellant <aoes declare, state, confirm, verify, acknowledge, am, plead in support hereof as follows under the pen alty ofperjury of the laws of the United 'Vtatss and The -tate of Texas in accordance with an J purauant to 28 U. So C. sec« 1746 and Tex, Civ. Prac. & Rem. Code, Sections 132.001-132.003:

I.

JURISDICTION

The Appellant contends that this Honorable Court of Appeals For The Third District Of Texas has jurisdiction ariu authority in accordance ant, pazsuant to The Texas Constitution, Article Vt Septior L 6 acld the relevant applicable portion of the Texs-.s Government Cade,

II.

MOTION TO SUSPEND RULES

COMES NOW, V/ILLIE LEE OCKLSTR^E, #1906981, the AppellantA^vsntr who does slake and file this ";pro se" pleading pursuant to the pro visions of Texas Rules of Appellate Procedure, Rule 2 authorizing this Honorable Court of Appeals fo:: the Thirfl Suspreme District of Texaa to. suspend any of the Texa:: Rule? of APPELLATE PROCEDURE on its own initiative and/or upon moving of a party, whi h the Appellate/ Movaiit do«s move- -this Honorable Court to suspend any and ail formal requirements for pleadings form that would otherwise not allow this "pro- sen litigator to pro ceed by and through th s forego ng and in stant LETTER FORM PLEADING0 The Appell ant/Movant does further invoke an.. plea~ the Honorable Jourt of Appeal's j*irisdi tion and authority to comform ana comply with the ruling and de is on of the United "tate:: Supreme Court in the case of Haines -v- Kerner, 404 U«S. 519 (1972). For as a litigator is has and is proceeding in this LETTER FORM PLEA^NG without the advise and assistance of one has been formally sch.ooled and trained in. the "art" and '"science" pf the field of law. For the instant and fore going LETTER FORM PLEADING is made and filed in good faith for tie Appellant/Movant is of opinion and belief that the relevant and ap plicable law entitles the Appellate/Movant to the relief as sought by ana throgh this MOTION FOR SUSPEND OH OF RULES end the LETTER IrORM PLEAUIKg IN ITS ENTIRITY.

WHEREFORE, PREMISES CONS'!-iERKj, the Appellate/Movant PRAYS that this HONORABLE COURT OF APPEALS' does grant the supension of the rules pursuant to Texas Rules Of Appellate Procedure, Rule 2.

A:iJ FURTHER, that tni* Honorable Texas Court Of Appeals ^oes grant any an:i all other remedy anc relief as authorised by law and equity that the Appellate/Movant may be entitled to under thi^ pleading.

APPELANT«S MOTION FOR REHEARING COMES NOV/, WILLIE LEJ OCKLETREE, #1906981, the Appellant in the instant and forego ng styled and numbered cause of action, of which he does make and f le the instant anu foregoing APPSiiLANT*S MOT..ON FOR REHEARING on this Honorable COURT OF APPEALS FOR THE THIRi. SUPREME

DISTRICT OF TEIIAS sitting at Austin, Texas that made and entered its ruling, opinion, and judgement of August 6, 2016 affirming the judgement ano senten e of the 426th Judicial Jistrict Court in the appeal of Willie Lee Ocfcl-etree -v- The State of Te.xas, Appeal Court No» 03-14-00046- QR ( TRIAL Court No. 71320. 426th I>xST:-;I JT COURT OF BELL COUNTY. Ttt-AS). For the Appellant invokes an~ pleads the in stant and foregoing pleauing in aecordance. with and pursuant to the provis on of Texas Rules Of Appellate Procedure.. RULE 48 et sea, and does state, declare, confirm, acknowledge, verify, and pliead in support hereof as fallows:

A.

The Appellant does by and through ihis foregoing pleading makes and enters his objection to the HONORABLE Court of Appeals ruling and opin on as made and entered on August 6, 2015 for being an abuse of discretion and malfeaance where those sworn to uphold and enforce "THE LAV/ OF THE LAI?J"and determined by the Unites Jtates Sup: erne Court in accordance with and pursuant to UNITEj STaT-S- CONSTITUTION, ARTICLE VI, CLAUSE 2 and The Texas Constitution, ARTICLE I, Section 1 express ly mandating that'Mudges in every 'itate shall be bound thereby...." For it is equrily of manidate that those whom are officers of the Court are aworn by their oaths to likewise uphold and enforce the "LAV/.uF TH§ LAND'" as their duty and obligations as an officerof 1he Court. For the Honorale Court Of Appeals ruling ana opinion is obje ted and otherwise ex epted -feo as being violative of both the provisions of the Federal and State Constutions as ,et forth and cited where the express and implied ruling and mandate of Anders -v- California, 386 U.S. 738, 744-45 (1967); Penson -v- Ohio, 483 U.S. 75, 80-82 (1938); anc; G-.-ner -v- State, 3Co Sw 3d 763, 766 (Tex, rim. App. 2009) was not and has not been met by Appellant*s ounsel on appeal. For the per functory anvi cursory review of the recoard., on appeal by both the at torney on appeal and this Honorable Court prompts this moving for rhearing where significant substantive and structural error is pre sent in the re ordo on appeal to warrant reversal an^remana for new trial*

B.

Appellant sets forth and maintains his reasons for rehearing are as follows:

a. REASON FOR REHEARING NUMBER ONE Appellant contends ano compjhains that the Honorable Court of Ap peals h"s errored an abused its discretion where the Court's jurisd'ition to hear and determine the issues is and has been chal lenged where the appointed counsel was apointed to file a Motion For New Trial which he refused and fa led to comply with after the Appellants trial counsel withdrew his Notice Appeal affirmatively reenforcing the Appellant's verbal Motion For Appeal which the Trial Judge acknowledged by setting spe0ifics as to the appeal counsel's appointment* as well as, having given note and acknowledgement of the Appellant's verbal Motion For Hew Tripl as the relinquishing trial eaunsel, namely; Attorney Jeffrey Parker whose request to be removed both supported and substantited the Appellan'A. verbal Motion For New Trial. Moresor the Honorable Fancy H. Jezek acknowledged the invoked verbal plea by noting the same on her docket sheet entry when appoint ing the Appellant an attorney. For during this exchange the Appellant for a brief moment acted pro se to verbally move for a new trial.

Because the appointed attorney has acted wthout investigating the facts relevant to the appohtment and acting in a perfunctory and cursory manner bel.evng his appointment was merely for appeal* For the exist ing ina0tion on part of the Court largely attributes and contributes how to the question of jurisdiction by the premature making of a notic eof appeal. b. REASON FOR REHEARING NUMBER TWO Appellant, contends and complains that his appointed appeal Attorney intentionally ana ^nowingly violated the express ana impli it mat^tte of the United States Supreme Court in the ruling and opinion requiring the appeal attorney prior to making and filing an AN-^RS BRIEF pur suant Anders -v- California, 386 U»S» 738 (1967) refused and failed to make conta t with the Appellant to ascertain if he hau any believed and/or proposed error that he would like to. be considered for inclu sion in a brief on appeal which the Appeal attorney fails to g.ve note and notice of in his filed and considered AJUERS BRIEF.

c« REASON FOR REHEARING NUMBER THREE Appellant contends that the evidence on "guilt/innocence" is legally insufficent to support a finding of guilt. For the repeated incon sistent statements having been made by those proffered by the State'c -4.

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Attorney, who knew, should have known, ana coititd have been known with the m nimum of due dilligenee in investigation of the facts being prosecuted would have shown that the State'o chief witness was not g ven a truthful account effectively denying the appealing party a fair and impart, al trial, d. RSASOi; a-Od REHEARING NUMBER !ftJHttb: Appellant contends that the State* 3 attorney has failed to prove the enhancement allegat on whete the records and test mony of wit nesses cannot and w 11 not correct fatally defective pleadings and documents entered to support the invoked Texas Penal Code, Section 12.42 (d). For the imposition of 75 years is an illegal senten.e.

The Appellant inconcluding would po^nt out that the Panel's cursory and perfunctory affirmance merely shows that the records has yet to be reviewed under const tutional scrutiny9 ^G numerous enoi-i of harm and injury to the trial struoture are present and have af fected the Appellant hav ng a fa r andimpart al trial prompting the fil ng of the forgoing Mtid$£&&&/ rehearing.

PRAYER

WHEREFORE, PREMISES CONQUERED, THE APPELLANT P±&Y~ i'hA'J JHIc COURT dOES GRANTEE APPELLANT'^ REHEAR-.KG Ad-v THAT THIS REHEARINi dOES RESULT IN THE REVERSAL A.-... REMAIN TO THE TRjlAL COURT FOR FUR THER PROCEEDINGS.

AIw FURTHER, THAT TH S HONORABLE COURT GRANT ANY A*'. ALL OTHER RELIEF AUTHORI&EJ BY LA AN , EQU TY.

RESPECT FULLY SUBMITTED,

906981

APPELLANT, PRO SE ALLREd UNIT/TBCJ-CIL» 2101 F.M. 369 N. IOWA PAxiK, TEXAS 76367

CERT.tFi.CATE OF SERVICE

I, Willie Lee Ockletree, #1906981 do. on this -date of Augu-t 24, 2015 affix my signature aboveanc below decl3.rin^f certifying, and conf rm ng this LEi'TER FORM PLEA-, rteto be tarue anJ correct and the same was placed in 00 tagenreoaici envelope an:* serve uuogi the State's attorney, namely; d -TRICT ATTORNEY OF BELL C0UTiTY, P. 0. Box 540, Belton,. Texas 76513 by plaing the same in the ALLREd UNIT MAIL BOS TO BE PICKED UP BY THE ALLREJ UN..T MA L ROOM PERSONEL TO BE LOGGEJ ANd SUBSEQUENTLY UEPOS TE-j IN U. S. POSTAL SERVICE FOR ^EL.VERY as STATED AS A TRUE ANd CORRECT .ERVICE CONFIRMED BY MY SIGNATURE BELOV/

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affixed. t ^^^ .

B/WILLIE

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APPELLANT, PRO SE ALLuSd UNIT/TDCJ-CHJ 2101 F. M. 369 N. IOWA. PARK, TE,&£ 76367 r W^ -*6

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