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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 and files 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

se who 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 of Criminal Appeals *TEXAP&T)AltA4 (\4fl41

C.

2.01 Respondent ZZ^ZZ^y/?. Ax^ in his/her capacity as

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 COURT OfAPPEALS

V JEFFREY P.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 of fs&£"s£^m County may be served at his/her place

of business at /f^A^S^ue*?.^L.<~A^ Texas ^/c^^.

PRAYER

Wherefore* premises Considered* 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 se
UNSHORN 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 ^^day Of ,S^%^ A ,20^,

Offender Signature
STATE OP TEXAS sj / §

county op Lsnsl'/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

Relator
If 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.
Cdulktof Arrs/ti* Z7*FA#£y/?./rYl&. r/ar£T

d**^/7* -./Zez/LJ&4 <z.

1b: 7^1. J?^ Ltt;,/fac&<^)

MElAr ,'r> 14

^RECEIVED N

MAR 2 6 2015

THIRDCOURJOFAPPEALS

\ JEFFREY D.KYLE /
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y*?z&r/'&**-
Court of Appeals

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

CINDY OLSON B0URLAND, 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, your Motion 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's judgment. Therefore, this Court no longer has jurisdiction over this appeal. The Court's

plenarypower over itsjudgment has 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 Office
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