### CAD3B BO. ^7/^4^rT 

## Maw* (irkjhsul, /fe./^^Z.^a^ § IM TOE 3<P/% JUDICIAL WCJ-tOf /.C^^S^^ % DISTRICT COURT OP 

### Relator % ,S^/*ts?n eoOHPJf, TEXAS A. PLMHTIPP»S ORIGINAL APPLICATION FOR WRIT OP HAUDAMOS TO THE HONORABLE JUDGE OP SAID COURTS 

### Coaws Nov* /vfy. (&Was^/*&02m/j.i Relator pro se in the above-styled and timbered cause of action andfiles this Original Application For Writ of Mandamus, pursuant to Article 11.07 Section (c) of the Texas Code of Crim inal Procedure* and would show the Court the following: 

### 8. RELATOR v, /? /j , 

# 1-01 ^P&. /Y^^f/r^J *T0CJ# XT^^r/y ia an offender incarcerated in the Texas Department oZ Criminal Justice and appearing pro 

## sewho can be located at: 75*«*J£>A~^~ /AM /j**>~7//rA1ACa* 1.02 Relator has exhausted his remedies and has no other remedy at law. 

### 1.03 The act sought to be compelled is ministerial* not discretionary in nature. V.A.T.C.C.P. art. 11.07 sec. 3(c) requires Respondent to imaediately transmit to the Court ofCriminal Appeals *TEXAP&T)AltA4 (\4fl41

C. 

# 2.01 Respondent ZZ^ZZ^y/?. Ax^ inhis/hercapacityas a«** «* ^fiL^/^sm S County* Texas* has aministerial duty to receive and file all papers in a oriminal proceeding and perform all other duties Imposed on the cleric by lav pursuant to T.C.C.P. art. 2.21* and is 

### / RECEIVEDN MAR 2 6 2015 THIRD COURTOf APPEALS V JEFFREYP.KYLE S £*=. 

### 3

### responsible under T.C.C.P. Art. 11.07 sec. 3(c) to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of Mandamus 

### filed and a certificate reciting the date upon which that finding was made 

## if the convicting court decides that there are issues to be resolved. 

## BNsmmmm Clerk off s&£"s£^m Countymay be served at his/herplace 

# ofbusiness at/f^A^S^ue*?.^L.<~A^ Texas^/c^^.

PRAYER 

# Wherefore* premisesConsidered* Relator ^f. /^l^ jg^l^. ^ pro se respectfully requests a finding that Respondent did have his Appeals 

### number* and brought this litigation in good faith. Relator Prays for his appeal number to be reopened in the name of Justice. Respectfully submitted* (Signature) 

# mE&y-10^

(City* state*" zip) Relator* pro seUNSHORN DECLARATION 

# *' /C^A^^/</La^.^^/1 . TDCJ No. /<T'"7<9£'(y? . being presently confined at the French Robertson Unit* TDCJ-CID, located in Jones 

### county* Texas* hereby declare under penalty of perjury that the foregoing instrument is true and correct. 

# EXECUTED this ^^dayOf ,S^%^ A ,20^,

Offender Signature

### STATE OP TEXAS sj / § 

# countyop L snsl'/sA/r) §
B. AFFIDAVIT I swear under oath that the facts and allegations in the above Application for Writ of Mandamus are true and correct. 

## (*^iD-fUo?J\j>A RelatorIf swntencer t« to n»k» individualized assessment of -appropriateness of defendant's background* with character being rolevant because of belief long held by society, that defendant who commits criminal acts that are at tributable to disadvantaged background or to emotional or mantal problems may be less culpable than defendants who have no such excuse.

# CdulktofArrs/ti* Z7*FA#£y/?./rYl&. r/ar£T 

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# MElAr,'r> 14

^RECEIVEDN MAR 2 6 2015 THIRDCOURJOFAPPEALS \ JEFFREYD.KYLE /

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## Court ofAppeals THIRD DISTRICT OF TEXAS P.O. BOX 12547, AUSTIN, TEXAS 78711-2547 www.txcourts.gov/3rdcoa.aspx (512) 463-1733
JEFF L. ROSE,CHIEFJUSTICE JEFFREY D. KYLE, CLERK DAVID PURYEAR, JUSTICE BOB PEMBERTON, JUSTICE MELISSA GOODWIN, JUSTICE SCOTT K. FIELD, JUSTICE CINDYOLSONB0URLAND, JUSTICE March 17,2015 Mr. Gelacio Perez Lozada TDCJ ID #1579849 Robertson Unit 12071 FM 3522 Abilene, TX 79681 RE: Court ofAppeals Number: 03-09-00470-CR Trial Court Case Number: CR21,263 Style: Gelacio Perez Lozada v. The State ofTexas Dear Mr. Lozada: On March 16,2015, yourMotion to Dismiss Prosecution Law Unconstitutional was received in this Court but was not filed. The Court issued its opinion affirming the decision ofthe trial court on May 5,2010, and on August 29,2010, issued a mandate in accordance with the Court'sjudgment. Therefore, this Court no longerhasjurisdiction overthis appeal. The Court's plenarypower over itsjudgmenthas expired and no further action can be taken by this Court in this appeal. See Tex. R. App. P. 19.1. Very truly yours, Clerk's Officew

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