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WR-7h,762-04

\ ' cAUsE No.9a-DcR-026185

JASON T.’PEGUES #728196 IN THE COURT OF CRIMINAL APPEALS

APPLICANT

 

AT

THE STATE OF TEXAS
RESPONDENT

AUSTIN, TEXAS

 

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APPLIcANT's sUGGEsTIoN PURSUANT To RULES oF APPELLATE
PRocEDURE, RULE 79.2(d) UNDER ARTICLE 11.07
oF THE coDE oF cRIMINAL Pnog§pg§§

 

T0 THE HONORABLE JUDGE OF SAID COURT:

COMES NOW,JASON T. PEGUES #728196, APPLICANT, Pro-Se, IN THE ABOVE

 

STYLED AND NUMBERED CAUSE OF ACTION RESPECTFULLY SUBMIT THIS
SUGGESTION PURSUANT TO RULES OF APPELLATE PROCEDURE, RULE 79.2(d)
UNDER ART.11.07 OF THE CODE OF CRIMINAL PROCEDURE, SUGGESTING AND
REQUESTING THAT THIS HONORABLE COURT REVIEW THE CONSTITUTIONAL
LEGITAMACY OF THE APPLICANT'S CONVICTION, AS THE APPLICANT CHALLENGES
THE JUDGEMENT OF SENTENCE IN CAUSE NO.26185. THE APPLICANT WOULD LIKE

TO SHOW THIS HONORABLE COURT THE FOLLOWING:

PROCEDURAL HISTORY

APPLICANT FILED A HABEAS CORPUS 11.07 APPLICATION ON

FEBRUARY 19,2014 BASED ON THE COURT OF CRIMINAL APPEALS COMPLETELY

 

ovERRULING THE Decarmo DocTRINE. THIS HoNoRABLE coURT REcEIvED THE
APPLICATIoN(wR-74,762-03) oN Aggg§g_éigglg AND DENIED IT wlTHoUT
WRITTEN ORDER ON AH§H§I_ZZLZQLZ- AROUND B§E§M§§B_lgilglé» THE

APPLICANT FILED A SUBSEQUENT APPLICATION IN WHICH THIS HONORABLE

-1_

COURT RECEIVED IT ON JANUARY 30,201§. ON MARCH 4, 2015, THIS HONORABLE
COURT DISMISSED THE SUBSEQUENT APPLICATION WITHOUT WRITTEN ORDER DUE

TO TEXAS CODE OF CRIMINAL PROCEDURE ARTICiE 11.07, Sec.A(a)-(C).

NATURE 0F PROCEEDING

IN PURSUANT TO RULES OF APPELLATE PROCEDURE, RULE 79.2(d), THE
APPLICANT IS SUGGESTING AND REQUESTING THAT THIS HONORABLE COURT
REVIEW THE APPLICANT'S SUBSEQUENT APPLICATION AS HE SPECIFY AND ASSERT
SECTION 4 (a)(l)(Z) IN PETAIL. THE APPLICANT ALSO SUGGEST THAT THIS

HONORABLE COURT REVIEW IN HIGHLIGHT: THE FAMILY CBDE REQUIREHENT

 

SECTION 52.02 VIOLATION, and THE PARENTAL NOTIFICATION REQUIREMENT

 

VIOLATION LISTED IV. and V. UNDER:

VIOLATION OF APPLICANT' S DUE PROCESS RIGHTS UNDER
THE 14th AMENDMENT OF THE_U.S. CONSTITUTION:

\ .

 

(WHICH STARTS ON PAGE (10) OF APPLICANT'S SUBSEQUENT MEMORANDUM).

, STATEHENT OF FACTS

 

APPLICANT FILEb A SUBSEQUENT APPLICATIoN wHIcH DID NoT sPEcIFY wHAT
SUBSECTIoN oF ARTICLE 11.07 THE sUBsEQUENT APPLICATIoN wAs FIyED
PURSUANT To. THE APPLICANT ls Now IN PURSUANT To RULES oF APPELLATE~
cobRT, oN IT's owN INITATIVE, Rtvl;w THE APPLICANT's sUBsEQUENT
APPLICATIoN (wR-74,762-04) wHIcH ls FILED PURSUANT To THE PvaIsIoNs
oF ARTICLE 11.07‘sec.4(a0(1)(2) oF THE coDE oF cRIMINAL PRocEDURE,
MEMoRANDUM wHIcH PRESENTS NEw cREDIABLE, cRITIcAL, cLEAR and

CONVINCING EVIDENCE THAT THE APPLICANT WAS NOT ABLE TO OBTAIN BECAUSE

 

IT WAS NOT AVAILABLE TO THE APPLICANT BEFORE HIS INITIAL WRIT WAS

JUVENILE DETENTION CENTER ADMINISTRATION INFORMING THE APPLICANT THAT

€

_2_

Hls JUVENILE FILE wAs sEALED BY THE coURT, ESTABLISHING sec.a(a)(l)§
HAD THIS EvIDENcE BEEN AvAILABLE 0N THE DATE THAT THE APPLICANT'$
INITIAL APPL:cATIoN wAs FILED, THE APPpIcANT on;D HAVE PRESENTED IT
DUE To IT BEING THE g§§g §y;g§§g§ THAT cAN PRovE THE cLAIMs AND IssUEs
BEYdND A REASoNABLE DoUBT.-THE APPLICANT ALso HAS A cLAIM oF
INEFFECTIVE AssIsTANcE oF coUNsEL, BECAUSE HAD THIS EVIDENCE BEEN~PRE-
sENTED AND ARGUED IN TRIAL, THIS cASE g§l§§ onpD HAVE HAD A DIFFERENT-
RESULT DUE To THE PREPONDERANCE oF THE EVIDENCE, BUT FoR A vIoLATIoN
oF THE UNITED sTATES coNsTITUTIoN No RATIoNAL JURoR coULD HAVE FoUND
THE APPLICANT GUILTY BEYoND A REAsoNABLE DoUBT, NoR onLD HAVE A f*:
RATIoNAL JURoR sENTENcED THE APPLICANT THE sENTENcE THAT wAs GIVEN,

ESTABLISHING Sec.&(a)(z).(Exparte Brooks,219 S.W.3d396(TEX.CRIM.AP§L

 

ZQQZ). THE NEW CREDIABLE, CRITICAL, CLEAR and CONVINCING EVIDENCE IS
THE APPLICANT'S INVESTIGATING/ARRESTING RECORD, IN WHICH APPLICANT HAD
BEEN DILIGENT IN ATTEMPTING TO ACQUIRE. SEE AjTACHMENT "C" OF THE
APPLICANT'S SUBSEQUENT MEMORANDUM(WR-74,762-04) WHERE APPLICANT WAS
DILIGENT IN ATTEMPTING TO OBTAIN THE JUVENILE PROCEEDINGS OF THIS CASE
IN WHICH THE APPLICANT AND HIS FAMILY WAS TOLD THAT HIS JUVENILE FILE
WAS SEALED BY THE COURT. NEVFRTHELESS, THE APPLICANT AND HIS FAMILY
NEVER STOPPED BEING DILIGENT IN ATTEMPTING TO ACQUIRE THE APPLICANT'S
JUVENILE_FILE/RECORD.

II.
THE APPLICANT'S FAMILY HAD TO GO THROUGH MULTIPLE (UN-KNOWN TO THE
APPLICANT) CHANNELS TO GET THIS PARTICULAR RECORD IN THEIR POSSESSION.
FORTUNATELY, BY WAY OF THE FORT BEND CQUNTY JUVENILE DETENTION CENTER
ADMINISTRATION (SEE ATTACHMENT "D" OF A§PLICANT'S SUBSEQUENT MEMORANDUM)
THE APPLICANT FAMILY WERE FINALLY ABLE TO GAIN POSSESSION OF WHAT

PERTAINS TO THE CLAIMS AND ISSUES PRESENTED IN THE APPLICANT'S

APPLICATIONS (INITIALLY AND SUBSEQUENTAL). THE APPLICANT ALSO HAS
CLEARLY ESTABLISHED BY THE AFOREMENTIONED THE`SUFFICIENT SPECIFIC

FACTS THAT IS REQUIRED, MEETING BOTH OF THE EXCEPTIONS SET OUT IN THE

 

STATUTE,(EXQarte WHITESIDE, 12 S.W.3d 819 (TEX.CRIM.APP.ZOOO)). THIS
NEW EVIDENCE WILL PROVE BEYOND A REASONABLE DOUBT THAT APPLICANT'S

SUBSTANTIAL RIGHTS PURSUANT TO FEDERAL RULES OF CRIMINAL PROCEDURE

 

§gggl wERE AFFECTED AND HIS coNsTITUTIoNAL RIGHTS wERE vloLATED.
PURSUING RULES oF APPELLATE PRocEDURE, ggL§_Zg;ggg; sUGGfsTING THAT
THIS HoNoRABLE codRT, oN IT's owN INITATIVE, REVIEw THE coNsTITUTIoNAL
LEGITAMACY oF THE APPLICANT's coNvIcTIoN, As THE APPLICANT cHALLENGés

THE JUDGEMENT OF SENTENCE IN CAUSE N0.26185.

III.

THE APPLICANT CAN ASSURE THAT REVIEWING AND ADJUDICATING THE MERITS OF
THE APPLICANT'S CLAIMS AND ISSUES IN THIS CASE WILL NOT BE A WASTE OF
THIS HONORABLE COURT'S TIME. FULLY RESPECTING AND IN PURSUANT TO THE

RULES OF APPELLATE PROCEDURE, RULE 79.2(d), UNDER ARTICLE 11.07 Sec.

 

é(a)(l)(Z).(E§Qarte MORENO,ZAS S.W.3d é19 (TEX.CRIM.APP.2008)).

 

REQUEST FOR RELIEF

PRAYER

THE APPLICANT PRAYS THAT THIS HONORABLE COURT , ON IT'S OWN INITATIVE,
REVIEW THE APPLICANT'S SUBSEQUENT APPLICATION. THE APPLICANT ASK FOR
MERCY FRGM THIS HONORABLE COURT, ESTABLISHING THE MEANS IN PURSUING
RULES OF APPELLATE PROCEDURE, RULE 79.2(d). AS A LAYMAN OF THE LAW,
AND PrO-Se, THE APPLICANT PERCEIVED HIS SUBSEQUENT APPLICATION BEING
PLACED UNDER THE SAME PROVISIONS AS HIS INITIAL WRIT SINCE IT WAS

PERTAINING TO THE SAME CLAIMS, AND UNFORTUNATELY, THAT WAS NOT THE

CASE. THE APPLICANT'S ONLY REQUEST FOR RELIEF IS THAT THIS HONORABLE
COURT, ON IT'S OWN INITATIVE, REVIEW THE APPLICANT'S SUBSEQUENT
APPLICATION, AS IT WAS FILED PURSUANT TO ARTICLE 11.07 Sec.&(a)(l)(Z),
HOWEVER, THE APPLICANT DID NOT SPECIFY. PRAYERFULLY, THIS HONORABLE
COURT WILL NOT ONLY ACKNOWLEDGE THAT THE APPLICANT RESPECTFULLY FILED
THIS PURSUANT TO RULES OF APPELLATE PROCEDURE, RULE 79.2(d), BUT ON
IT'S OWN INITATIVE, REVIEW THE APPLICANT'S SUBSEQUENT APPLICATION.

THANK YOU FOR YOUR TIME.

EXECUTED oN=/dy;ZRZ{{ H§y¢¥()/f§ _

\

RESPECTFULLY SUBMITTED,

    

so§ TT`PEE'E§`¥728I96

APPLICANT=

HUNTSVILLE UNIT

815 12th sTREET

HUNTSVILLE, TExAs 77348

cERTIFIcATE oF sERvIcE

;,JAsoN T. PEGUES #728196, THE APPLICANT, BEING PRESENTLY coNFINED
IN wALKER coUNTY, TExAs, Do HEREBY AFFIRM THAT 1 HAVE DELIVERED THE
oRIGINAL oF THIS succEsTIoN PURSUANT To RULES oF APPELLATE PRocEDURE,
RULE 79.2(d) To THE PRIsoN MAILRooM oFFIcIALs FoR DELIVERY To THE

FOLLOWING Via U.S. POSTAL SERVICE:

 

 

THE COURT OF CRIMINAL APPEALS CLERK, ABEL ACOSTA
P.O. BOX 12308 CAPITOL STATION,
AUSTIN, TEXAS 78711

INMATE DECLARATION

 

I,JASON T. PEGUES #728196, PRESENTLY INCARCERATED IN WALKER COUNTY,
TEXAS, HEREBY DECLARE UNDER THE PENALTY OF PERJURY THAT THE ABOVE
MENTIONED IN THIS SUGGESTION PURSUANT TO RULES OF APPELLATE PROCEDURE,

RULE 79;2(d) IS TRUE AND CORRECT.

SIGNED oN THIS @§@~day pf jn;&%&i$! . 2015.

JASON T. P'GUES #728196

 

 

