Wimberly, Christopher Eugene

• Court: Court of Appeals of Texas
• Decided: February 23, 2015
• Docket: WR-64,017-05
• Status: Published

Opinion

Wtfiros Christopher E. Wimberly MCCONNELL UNIT - TDC#1207400 3001 South Emily Drive Beeville, Texas 78102 OTIOSE DISMISSED E: VW'W February 17/ 2015

OFFICE OF THE CLERK ABEL ACOSTA, Clerk COURT OF CRIMINAL APPEALS OF TEXAS P.O. Box 12308 Capitol Station COURT AUSTIN, TEXAS 78711 FEB 2 3 2015 RE: WR-64,017-05 Abel Acosta, Clerk

Dear Clerk:

Enclosed for your filing is Applicant's Motion to Respectfully Address the Honorable Court of Criminal Appeals. Please file said motion and bring to the attention of the Court.

Thank you for your assistance in this matter.

Sincerely/

Christopher E. Wimberly APPLICANT

cc: files WRIT NO. 64,017-05

IN THE COURT OF CRIMINAL APPEALS

AT, AUSTIN, TEXAS

EX PARTE § § § CHRISTOPHER EUGENE WIMBERLY, § Applicant- §

APPLICANT'S MOTION TO RESPECTFULLY ADDRESS THE

HONORABLE COURT OF CRIMINAL APPEALS

NOW COME Christopher E. Wimberly/ Applicant/ Pro Se in the above-styled

Number Cause/ and moves the Court pursuant to 11.07, Section 3/ Code of Crimi

nal Procedures, and present as follows:

I.

JURISDICTION

The Applicant contends that this Honorable Court of Criminal Appeals

has jurisdiction to hear this Motion to Respectfully Address the Honorable

Court of Criminal Appeals/ according to Texas Code of Criminal Procedures,

Article 11.07, and it's Section. To Remand said Writ No. 64,017-05:.to the

convicting Court (27th Judicial District Court of Bell County, Texas, to

act in according with Code' of Criminal Proc./ Sec. 8/ Finding of Facts.

II.

STATEMENT OF THE FACTS

On September 25/ 2014, Applicant submitted to the 27th Judicial District

Court of Bell County, Texas, his Application for Writ of Habeas Corpus, with

exhibits. Certified Mail #7012-3460-0001-3279-4009.

On October 7, 2014, the State of Texas filed it's State's Answer.

On October 20/ 2014, Applicant responded to State's Answer, "Applicant's

lof 2 Traverse to State's Answer.. Certified Mail #7013-3020-0000-0350-2059.

On February 12/ 2015/ Applicant received notification that his Applicat

ion for 11.07/ Writ of Habeas Corpus has been forward/received and presented

to the Court of Criminal Appeals without a Finding of Facts and Conclusion

of Law.

On February 17/ 2015/ Applicant submits his Motion to Respectfully

Address the Honorable Court of Criminal Appeals.

III.

ISSUE PRESENTED

Applicant brings this motion, asking the Honorable Court to REMAND

his WR-64,017-05, to the 27th Judicial District Court for disposition under

11.07, Sec. 8. Applicant Writ has shown that he is 'Actual Innocence1, and

provided undisputed evidence of such. Therefore, the non-action taken by

the District Court has denied applicant due process riqhts to be heard.

Moreover, the District Court provides no Finding of Facts for consider

ation- before this Court of Criminal Appeals. See Eli Lilly & Co. v. Marshall/

829 S.W.2d 157, 158 (Tex.Crim.App. 1992).

PRAYER

WHEREFORE, CONSIDERED, Applicant prays that this Honorable Court REMAND

to the 27th Judicial District Court of Bell County, Texas, to act in according

with 11.07, Sec. 8, without further delay. Applicant respectfully pray this

Court GRANT Applicant Motion to Respectfully Address the Honoronable Court

of Criminal Appeals/ or in the alternative all deem necessary as a matter

of law..

Respectfully submitted/

Christopher E. Wimberly [y McConnell Unit-#1207400 2 of 2 3001 S. Emily Dr. Beeville, Texas 78102