                                ftffvM wc0 ^                           PD-1224-15



       BRIAN QUINN
        Chiefjustice                 (ttmtrt nfcAppeak                          VIVIAN LONG
                                                                                    Clerk

    JAMES T. CAMPBELL
          Justice
                                      Ji»ebeniij ,3Btstrtd: of ®«cas          MAILING ADDRESS:
    MACKEY K. HANCOCK
           Justice
                                    Potter (Eoutttg Glourts ^mining             P. O. Box 9540
                                                                                  79105-9540
                                      501^. ^tllmnre^utie 2-<A
     PATRICK A. PIRTLE
           Justice                   jAmariUo, ©exas 79X01-2449                 (806) 342-2650

                                    &t&j£rt.txcnwj,t0.g0tt/7tl|cna.aapx

                                          October 21,2015

    Michael Ray Kennedy
    TDCJ-ID 1968578
    Stevenson Unit
    1525 FM 766
    Cuero, TX 77954

    RE:       Case Number: 07-14-00353-CR
              Trial Court Case Number: 67,789-E

    Style: Michael Ray Kennedy v. The State of Texas

    Dear Mr. Kennedy:

           Before the Court is your motion for "forensic analysis and testing" and your
    motion for appointment of counsel. The Court's opinion and judgment were issued on
    July 16, 2015. Its plenary power over its judgment expired on September 25, 2015.
0   Your motions do not indicate the date you placed them in the prison mail system. This
    day, the Court ruled that if your motions were timely placed in the prison mail system,
    they are denied. See Tex. R. App. P. 9.2(b)(1). If your motions were placed in the
    prison mail system after the Court's plenary power expired, they are dismissed for want
    of jurisdiction. Tex. R. App. P. 19.1(b).


                                                         Very truly yours,


                                                         VIVIAN LONG, CLERK

     xc:         Honorable Douglas Woodburn (DELIVERED VIA E-MAIL)
                 Caroline Woodburn (DELIVERED VIA E-MAIL)
                 Katherine L. Levy (DELIVERED VIA E-MAIL)
                 Don F. Schofield (DELIVERED VIA E-MAIL)


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                EXHIBIT    B

                                                AFFIDAVIT



                GLENDA PEMBERTON,                                 In The Court of

                                                   §             Criminal   Appeals
                                                   §                 of Texas

                                                                   Austin,Texas




                    Before Me the Undersigned Authority, Personally Appeared,
       Or^Qprry^ V&Vf\\oMJniAwho being by Me Duly Sworn, Deposed as Follows:

                    My Name is Glenda Pemberton. I am of sound Mind, Capable of Making
                This Affidavit and Personally Acquantied with the Fact's Herin,Stated
                I am the Mother of;
                                          My Son is Michael Ray Kennedy. I Retained   the
                Attorney, David Martinez. I Paid Exzactly the Amount of $S"/*%Tb5Vfor
                this Attorney to Represent My Son. Mr.Martinez Told Me He would Write
                A Affidavit that; HE HAD HEARING PROBLEMS and COULD NOT HEAR THE
                PROCEEDINGS. He Never Did write the Affidavit That He Had Hearing
                Problems. He Also Said he would Investigate the case and Interview
                Witnesses and do Testing of Evidence. The Attorney Said he would
                Pre-pair A Motion for Rehearing,He Did Not. Pro-Se Motion was Filed.
                The attorney told Me he would Defend My Son. There was NO Investigation
                or Interviews Conducted with the Officers. He was Not Prepaired for
                Trial. The Attorney Lied to me and Took Advantage of me and Charged
                An Excessive Amount Doing Nothing He Said he was going to do.


                    I Will Testify to what this Attorney said Over the Phone,He Just
                Flat out Lied to me. With False Promises of Hope. He Did Not Represent
                My Son as He Should of.


                                   Affiantcffi^Q^ *H^Wfc>*
/^/ £^A»n6'to \pd Subscribed Before Me on th&JS1^ Day of NfiOWlhlL ,2015
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                 PUBLIC, STATE OF TEXAS. NOTARYS PRINTED NAME Ml'tleNA HltOCtL
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